Reshaping the Investor State Dispute Settlement System Journeys for the 21st Century 1st Edition by Jean Kalicki, Anna Joubin Bret 9789004291102 9004291105

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Product details:

ISBN 10: 9004291105

ISBN 13: 9789004291102

Author: Jean E. Kalicki; Anna Joubin-Bret

In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.

Table of contents:

1. Delegating Interpretative Authority in Investment Treaties: The Case of Joint Administrative Commissions

2. Lessons from International Uniform Law

3. Which Is to Be the Master? Extra-Arbitral Interpretative Procedures for IIAs

4. Keeping Interpretation in Investment Treaty Arbitration ‘on Track’: The Role of State Parties

5. Travaux Préparatoires and the Legitimacy of Investor-State Arbitration

6. Reform of Investor-State Dispute Settlement: The U.S. Experience

7. Rethinking Rights and Responsibilities in Investor-State Dispute Settlement: Some Model International Investment Agreement Provisions

8. Examining the Formative Aspect of Investment Treaty Commitments: Lessons from Commercial Law and Trade Law

9. Limiting Investor Access to Investment Arbitration: A Solution without a Problem?

10. Back to the Future: Contemplating a Return to the Exhaustion Rule

11. ISDS Growing Pains and Responsible Adulthood

12. In Search of a Model for the Reform of International Investment Dispute Resolution: An Analysis of Existing International and Regional Dispute Settlement Mechanisms

13. The Abiding Role of State-State Engagement in the Resolution of Investor-State Disputes

14. Permanent Investment Tribunals: The Momentum is Building Up

15. The Challenges of Creating a Standing International Investment Court

16. Making Impossible Investor-State Reform Possible

17. Appellate Mechanisms for Investment Arbitration: Worth a Second Look for the Trans-Pacific Partnership and the Proposed EU-U.S. FTA?

18. Appellate Review in Investor-State Arbitration

19. Reform of the Investor-State Arbitration Regime: The Appeal Proposal

20. Introduction of an Appellate Review Mechanism for International Investment Disputes: Expected Benefits and Remaining Tasks

21. Why ICSID Doesn’t Need an Appellate Procedure, and What to Do Instead

22. Fragmentation and Harmonization in the ICSID Decision-Making Process

23. Initial Hiccups or More? Efforts of the EU to Find Its Future Role in International Investment Law

24. The Emperor Has No Clothes: A Critique of the Debate Over Reform of the ISDS System

25. Advancing Reform at ICSID

26. UN Commission on International Trade Law and Multilateral Rule-making: Consensus, Sovereignty and the Role of International Organizations in the Preparation of the UNCITRAL Rules on Transparency

27. Inter-Governmental Evaluation of Investor-State Dispute Settlement: Recent Work at the OECD-Hosted Freedom of Investment Roundtable

28. The Sixth Path: Reforming Investment Law from Within

29. Achieving a Faster ICSID

30. Streamlining the ICSID Process: New Statistical Insights and Comparative Lessons from Other Institutions

31. Interim Costs Orders: The Tribunal’s Tool to Encourage Procedural Economy

32. Costs in Investment Treaty Arbitration: The Case for Reform

33. Distinguishing Investors from Exporters under Investment Treaties

34. ICSID Treaty Counterclaims: Case Law and Treaty Evolution

35. ICSID Annulment Standards: Who Has Finally Won the Reisman v. Broches Debate of Two Decades Ago?

36. ICSID Annulment Reform: Are We Looking at the Right Problem?

37. Addressing and Redressing Errors in ICSID Arbitration

38. Do We Need Investment Arbitration?

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Tags: Jean Kalicki, Anna Joubin Bret, Reshaping, Settlement