Project One:
Open Source Textbook

"International Investment Law and Investor-State Dispute Settlement"
- draft chapters -

Part 1 - Foundations of Investment Law

1.1 The Setting and Classic Problem in International Investment Situations

1.2 The History, Economics, and Politics of FDI

1.3 FDI Before International Investment Law - Investors as Aliens and the Rights and Responsibilities

      of States

1.4 The History of Investment Protection Treaties - From 1st Generation BITs to 21st Century Models

1.5 FDI in the De-Colonization Context - Newly Independent Developing Countries Finding their

      Voice in the UN

1.6 Regional and Multilateral Trade and Investment Agreements

1.7 Modern Customary International Law Protections for Investment

1.8 National Law Governing Foreign Investment

1.9 Investor-State Contracts

1.10 Investment Promotion and Incentives

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Part 2 - Treaty-Based Substantive Investment Protection Standards

2.1 The Definition of "Investor" and "Investment"

2.2 Guarantees Against Expropriation

2.3 Standards of Host Country Conduct

       2.3.1 Non-Arbitrariness and Non-Discrimination

       2.3.2 Fair and Equitable Treatment (FET)

       2.3.3 Full Protection and Security (FPS)

       2.3.4 Access to Justice vs. Denial of Justice; Access to Courts and Fair Procedures

       2.3.5 Umbrella Clauses and Other Protections in International Investment Treaties

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Part 3 - Cross-Cutting Issues

3.1 Legality Requirements and Corruption in Investment Arbitration

3.2 Investment Law and Human Rights

3.3 Indigenous and Aboriginal Populations

3.4 Investment Law, Environment, and Climate Change

3.5 Investment Law and Intellectual Property Rights

3.6 Investment Law and Trade Law

3.7 Investment Insurance

3.8 Investment Law and the Energy Charter Treaty (ECT)

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Part 4 - Regional Developments

4.1 The European Union and International Investment Law

4.2 China's Belt and Road Initiative

4.3 India's Tryst with Investment Arbitration

4.4 Investment Protection Among ASEAN Countries

4.5 Innovative Bilateral and Multilateral Treaties in Africa

4.6 A Closer Look at the USMCA

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Part 5 - Investor-State Dispute Settlement (ISDS)

5.1 Dispute Settlement via Investor-State Arbitration

      5.1.1 Initiation of Proceedings by Investors

      5.1.2 Interim Relief

      5.1.3 Defenses by the Respondent Host State

      5.1.4 Legal Costs and Cost-Shifting

5.2 State-State Arbitration

5.3 Quantum Considerations

5.4 Enforcement of ISDS Awards

5.5 Investor-State Mediation

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Part 6 - Future Outlook

6.1 The Crisis of Investor-State Dispute Settlement

6.2 Recent Developments in ISDS in Response to the Crisis

6.3 Proposal for a 7th Generation Model BIT in Response to the Crisis

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Part 7 - Resources

7.1 Checklist for Exams and Legal Briefs

7.2 Useful Literature and Links

7.3 Glossary

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