Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Written from a public international lawyer's perspective, this short but significant book gives a broad overview of international investment law (IIL), explaining core concepts of investment protection, their evolution, and how investment tribunals have interpreted them. It examines the main features of the prevailing investment dispute settlement system and takes into account historic antecedents and possible future developments. August Reinisch facilitates easy access to the field by putting international investment law into its broader historical, political and legal context. Key features include: a combination of academic and practical perspectives a broad-based contextual introduction a nuanced, integrated overview of the links and connections between different areas of international investment law. This Advanced Introduction is an indispensable guide for students of law, political science, international relations and economics. Comprehensive and accessible, it is essential reading for lawyers, scholars and policy advisors seeking to further their understanding of international investment law.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Written from a public international lawyer's perspective, this short but significant book gives a broad overview of international investment law (IIL), explaining core concepts of investment protection, their evolution, and how investment tribunals have interpreted them. It examines the main features of the prevailing investment dispute settlement system and takes into account historic antecedents and possible future developments. August Reinisch facilitates easy access to the field by putting international investment law into its broader historical, political and legal context. Key features include: a combination of academic and practical perspectives a broad-based contextual introduction a nuanced, integrated overview of the links and connections between different areas of international investment law. This Advanced Introduction is an indispensable guide for students of law, political science, international relations and economics. Comprehensive and accessible, it is essential reading for lawyers, scholars and policy advisors seeking to further their understanding of international investment law.

This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favored-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, government investment treaty negotiators and arbitration practitioners. Contributors: A.K. Bjorklund, G. Cordero-Moss, M.G. Desta, M. Hirsch, K. Miles, A. Reinisch, E. Sipiorski, C. Tietje, A.R. Ziegler

The evolution of international investment law has been one of the more dynamic developments in public international law in recent decades. Many of the key issues have been subjected to careful analysis in articles and book chapters which have become compulsory reading for those active in the field. Professor August Reinisch's edited collection gathers together these carefully selected contributions to the rich literature on international investment law in a convenient and accessible format, making these contributions easily retrievable. These volumes will be an excellent addition to the library of all scholars, practitioners and policy-makers active in the field of burgeoning field of investment treaty arbitration.' - Chester Brown, Professor of International Law and International Arbitration, University of SydneyThis two-volume collection comprises a selection of leading articles in the field of international investment law. Written by an outstanding group of policymakers, practitioners and scholars, the contributions to these volumes demonstrate the vibrant development of the field, which has become one of the most exciting and testing areas of international law. The articles reflect the broad variety and diversity of views and cover the most important key areas currently debated in international investment law, such as the nature of international investment law, types of investment protection and the principal features of dispute settlement. With an original introduction by the editor, this collection is an excellent reference for students, researchers and practitioners. 41 articles, dating from 1962 to 2011 Contributors include: A. K. Bjorklund, J. Crawford , R.Dolzer, L. Yves Fortier, E. Gaillard, M. Kinnear, J. Paulsson, C. Schreuer, B. Stern

This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The "feasibility study" presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.

This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The "feasibility study" presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.

This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The "feasibility study" presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.

The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law - neo-positivism, the policy-oriented approach and transnational law - are covered at the beginning of the book, and the essential political science perspectives - on non-state actors' role in international politics and globalisation, as well as their soft power - are presented at the end.

The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proved that it is one of the most cutting-edge scholarly associations in the field of public international law. At its 10th Anniversary Conference in September 2014, which was held in Vienna, participants assembled in order to discuss 'International law and...', the proceedings of which are published here. Going beyond the usual related disciplines of political science, international relations, economics and history, this conference ventured into less well-trodden paths, exploring the links between international law and cinema, philosophy, sports, the arts and other areas of human endeavour. As the proceedings show, it is clear that international law has long been influenced by other fields of law and other disciplines. They also explore whether the boundaries of international law have been crossed and, if so, in what ways.

Students new to the study of EU law can find knowing what questions to ask to be as much of a challenge as answering them. This book clearly sets the scene: it explores the history and institutions of the EU, examines the interplay of its main bodies in its legislative process and illustrates the role played by the EU Courts and the importance of fundamental rights. The student is also introduced to the key principles of the internal market, in particular the free movement of goods and the free movement of workers. In addition a number of other EU policies, such as the Common Agricultural Policy, Environmental Protection and Social Policy are outlined, while a more detailed inquiry is made into European competition law. This book is an essential first port-of-call for all students of European law.

This article-by-article Commentary on the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is a vital resource for practitioners and academics in the field of EU investment protection law. CETA has been called a game-changer. In the investment chapter, it has introduced a number of key innovations, including; - the investment court system with an appellate tribunal, - guidelines on third party funding, - transparency and information sharing, - modern versions of standards of protection, and - detailed provisions on reservations and exceptions. Considering that the new dispute resolution provisions in this chapter have also passed the scrutiny of the Court of Justice of the European Union, it is expected that CETA’s investment chapter will serve as a blueprint for future EU investment agreements and so a full understanding of this, offered by this useful Commentary, is essential for lawyers.

This volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. It analyses the core standards commonly contained in bilateral and multilateral investment treaties, including 'fair and equitable treatment', 'full protection and security', and the non-discrimination standards.
The burgeoning case-law before arbitral tribunals has exercised a huge influence on how these standards are interpreted in practice. The essays in this volume, by leading practitioners and scholars in the field of investment arbitration, analyze the case-law and provide a framework for a common consensus to emerge on how the standards should be applied in future.

International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topical areas of international legal scholarship: the rapidly evolving law of international institutions; the burgeoning research into the role of domestic courts in the international legal system; and the recent rise of empirically-oriented legal scholarship. Utilizing OUP's International Law in Domestic Courts database, the book presents analysis of little-known cases which have real international significance, illustrating the impact and extent of transnational judicial dialogue in the international legal system. The book provides important perspectives on the evolution and status of the law of immunity of international organizations, and contributes to the understanding of relationships between national courts, and between national and international courts.

The application of international law by domestic courts has gained increasing attention in recent years. In an ever-more interconnected world, domestic courts now make reference to judgments by foreign courts when faced with similar or identical legal problems involving international law. Their judgments see increasing recognition of their pivotal role in shaping and interpreting international law. Understanding them will be of use for any practitioner and scholar in international law. International Law in Domestic Courts, Oxford's online collection of domestic court decisions which apply international law, has been providing scholars with at-your-fingertips access to analysis and commentary for more than a decade. First established in 2006, it now includes over 1,700 judgments of cases involving international law-related aspects from nearly 100 countries and continues to expand. This Casebook is the perfect companion, presenting a selection of the most important cases along with a commentary to give a holistic overview of the use of international law in national courts, and how the jurisprudence has developed international law itself. Practitioners, students, and academics will find this an invaluable resource when faced with the complex questions of applying international law in domestic courts.

The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law - neo-positivism, the policy-oriented approach and transnational law - are covered at the beginning of the book, and the essential political science perspectives - on non-state actors' role in international politics and globalisation, as well as their soft power - are presented at the end.

Students new to the study of EU law can find knowing what questions to ask to be as much of a challenge as answering them. This book clearly sets the scene: it explores the history and institutions of the EU, examines the interplay of its main bodies in its legislative process and illustrates the role played by the EU Courts and the importance of fundamental rights. The student is also introduced to the key principles of the internal market, in particular the free movement of goods and the free movement of workers. In addition a number of other EU policies, such as the Common Agricultural Policy, Environmental Protection and Social Policy are outlined, while a more detailed inquiry is made into European competition law. This book is an essential first port-of-call for all students of European law.

During National Socialist rule in Austria (1938-1945), real estate and movable Jewish communal property became the subject of systematic confiscation. In most cases, real estate owned by Jews was 'aryanized' through involuntary sales or confiscated through direct governmental action. Other Jewish property assets, including religious and cultural property, were also confiscated without compensation. After 1945, a part of the confiscated real estate in Austria was the subject of restitution proceedings. In many cases, the properties were either returned to their original owners or an agreement was made for suitable monetary compensation. Other confiscated properties became public property. In the Washington Agreement of 2001, the Republic of Austria agreed to embark on in rem restitution of property, allowing the restoration of property which had become public property, to its former owners or their heirs. An Arbitration Panel for In Rem Restitution was established, and in due course has begun to publish the reports of its deliberations. The Arbitration Panel can recommend an in rem restitution of publicly-owned property which had been confiscated but had not been the subject of restitution proceedings after 1945. In many cases, restitution proceedings had already occurred after 1945, but even in these cases the Arbitration Panel can act if new evidence has arisen or if the earlier proceedings resulted in 'extreme injustice.' 366 claims were judged to have met application requirements, and these cases have subsequently been the subject of careful juridical and historical investigation. The volumes in this series reproduce the judgments of the Arbitral Panel on those 366 claims. As such they represent a significant body of case law on Nazi expropriations and property restitution affecting a large number of applicants worldwide. The substance of these judgements will be of intense legal and historical interest.

A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.

This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

The growing importance of international investment law, fuelled by the processes of globalisation and the search for natural resources, and fostered by the ease of cross-border financial flows, has given rise to a huge expansion in the incidence of new investment treaties and, consequently, disputes. The complexity of this area and the enormous sums of investment involved mean that the agreements and treaties themselves are highly evolved, while the disputes arising are often hugely intricate and intractable. No area of international law is more in need of the careful and balanced attention of scholars. Anyone interested in international investment law will appreciate this comprehensive, thoughtful and detailed exploration of this area.

The series "Decisions of the Arbitration Panel for In Rem Restitution" documents a fundamental element of Austria's most recent compensation measures dealing with the consequences of the National Socialist era. The possibility of in rem restitution of property seized during the National Socialist era which is now publicly-owned was provided for by the Washington Agreement of 2001. The Arbitration Panel for In Rem Restitution, established with the General Settlement Fund for Victims of National Socialism in Vienna, decides on applications for restitution. For the most part, the applications concern real estate that was confiscated between 1938 and 1945, was publicly-owned on the Agreement cut off day (17 January 2001) and in many cases had already been the subject of restitution proceedings after 1945. Since 2003, the Arbitration Panel has decided on a great number of applications and has recommended the restitution of property to the former owners or their legal successors in several cases. In the course of these decisions based on the General Settlement Fund Law, the Arbitration Panel has developed a complex case law. Volume 6 contains twelve decisions of the Arbitration Panel from 2008 and 2009, each in the German original and with an English translation.

The series Decisions of the Arbitration Panel for In Rem Restitution continues to document a fundamental element of Austria's most recent compensation measures dealing with the consequences of the National Socialist era. The possibility of in rem restitution of property seized during the National Socialist era, which is now publicly-owned, was provided for by the Washington Agreement of 2001. The Arbitration Panel for In Rem Restitution, established with the General Settlement Fund for Victims of National Socialism in Vienna, decides on applications for restitution. For the most part, the applications concern real estate that was confiscated between 1938 and 1945, that was publicly-owned on the Agreement cut off day (January 17, 2001), and, in many cases, had already been the subject of restitution proceedings after 1945. Since 2003, the Arbitration Panel has decided on a great number of applications and has recommended the restitution of property to the former owners or their legal successors in several cases. In the course of these decisions, based on the General Settlement Fund Law, the Arbitration Panel has developed a complex case law. Volume 5 of this series contains 15 decisions of the Arbitration Panel from 2007 and 2008, each in the original German text and with an English translation. (Series: Decisions of the Arbitration Panel for In Rem Restitution - Vol. 5)

The series Decisions of the Arbitration Panel for In Rem Restitution documents one of Austria's most recent compensation measures, dealing with the consequences of the National Socialist era. For property which was seized during the National Socialist era and is now publicly owned, the possibility of in rem restitution was provided for in the Washington Settlement Agreement of January 17, 2001. The Arbitration Panel for In Rem Restitution, established with the General Settlement Fund in Vienna, decides on applications for restitution. For the most part, the applications concern real estate that was confiscated between 1938 and 1945, was publicly owned on the Agreement cut off day (January 17, 2001), and in many cases had already been the subject of restitution proceedings after 1945. Since 2003, the Arbitration Panel has decided on a great number of applications and has recommended the restitution of property to the legal successors of former owners in several cases. In the course of these decisions, the Arbitration Panel has developed a complex case law. Volume 3 contains 12 decisions of the Arbitration Panel from 2006, each in the German original along with an English translation. The book will be of great interest to international lawyers, legal advisors to Jewish victims of Nazism, legal historians, and scholars of property restitution in the UK, US, Australia, and New Zealand.

Based on a conference held at the University of Vienna by the International Law Association Committee on the Law of Foreign Investment on Standards of Investment Protection, this book examines the growing interest in substantive treatment standards as a result of the increase in investment arbitration proceedings, and focuses on the identification of a possible consensus of interpretation of these substantive treatment standards.
With contributors who are members of the ILA Committee, as well as renowned experts in the field of investment law from academia and practice, this collection examines the increased attention paid in recent years to substantive treatment standards as a result of the growing number of investment arbitration proceedings which have reached the merits stage. ICSID, NAFTA, UNCITRAL and other awards have helped to provide more specific meaning to the general standards of investment protection found in the majority of international investment instruments, in particular in bilateral investment treaties (BITs). It is thus crucial for a deeper understanding of the present law on the treatment of foreign investment to analyze this developing jurisprudence. This book will provide a first-hand road-map of current investment law and bring readers up to date concerning the most recent developments in the field.

This book presents a radical, empirical investigation of how national courts "react" to disputes involving international organizations, analyzing in particular whether such organizations should be immune to national jurisdictions. Under the headings "domestic legal personality" and "immunity" of international organizations, some of the issues covered have already been treated in international legal scholarship, mostly in the form of short articles or case notes. This study, however, provides a thorough comparative analysis and the largest compilation of relevant decisions on the subject, making it indispensable for practitioners as well as academics in the field.