Project One:
Open Source Textbook
"International Investment Law and Investor-State Dispute Settlement"
- draft chapters -
Part 1 - Foundations of Investment Law
1.1 Emmert: The Setting and Classic Problem in International Investment Situations
1.2 Emmert: 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 Böhme: The History of Investment Protection Treaties - From 1st Generation BITs to 21st
1.5 Chisveto: FDI in the De-Colonization Context - Newly Independent Developing Countries
Finding their Voice at the UN
1.6 Hajdu: Regional and Multilateral Trade and Investment Agreements
1.7 Ferreira Almeida & Balyan: Modern Customary International Law Protections for Investors
1.8 Emmert: National Law Governing Foreign Investment
1.9 Investor-State Contracts
1.10 Investment Promotion Agencies and Incentives
​
Part 2 - Treaty-Based Substantive Investment Protection Standards
2.1 Esenkulova: The Definition of "Investor" and "Investment"
2.2 Nagy: Guarantees Against Expropriation
2.3 Standards of Host Country Conduct
2.3.1 Thong: National Treatment and Most-Favored Nation (MFN) Treatment
2.3.2 Wisniewski & Lowther: Fair and Equitable Treatment (FET)
2.3.3 Adekemi: Full Protection and Security (FPS)
2.3.4 Guarin: Access to Justice vs. Denial of Justice; Access to Courts and Fair Procedures
2.3.5 Petsche: Umbrella Clauses and Other Protections in International Investment Treaties
​
Part 3 - Cross-Cutting Issues
3.1 Laryea: Legitimate Expectations in International Investment Law
3.2 Legality Requirements and Corruption in Investment Arbitration
3.3 Scheu & Schoettmer: Investment Law and Human Rights
3.4 Host State Citizens' Rights
3.5 Indigenous and Aboriginal Populations
3.6 International Investment Treaties and the Promotion of Gender Equality
3.7 Jevremovic: Investment Law, Environment, and Climate Change
3.8 Sachs: Investment Law and Sustainable Development
3.9 Oke: Investment Law and Intellectual Property Rights
3.10 Hajdu: Investment Law and Trade Law
3.11 Political Risk and Investment Insurance
3.12 FDI Screening at the European and International Level
3.13 Investment Law and the Energy Charter Treaty (ECT)
​
Part 4 - Regional Developments
4.1 Scheu & Nikolov: The European Union and International Investment Law
4.2 Yan: China's Belt and Road Initiative
4.3 Balyan & Naik: India's Tryst with Investment Arbitration
4.4 Central Asia and International Investment Law
4.5 The Experience of Latin America and the Caribbean with Investment Law and ISDS
4.6 Sangsuvan: Investment Protection Among ASEAN Countries
4.7 Adekemi: New Approaches to International Investment Treaties in Africa
4.8 Barnard: A Closer Look at NAFTA and the USMCA
​
Part 5 - Investor-State Dispute Settlement (ISDS)
5.1 UNCITRAL Reforms and the Code of Conduct for Arbitrators in ISDS
5.2 Dispute Settlement via Investor-State Arbitration
5.2.1 Adekemi: Initiation of Proceedings by Investors
5.2.2 Interim Relief
5.2.3 Alvarado-Garzón: Defenses by the Respondent Host State
5.2.4 Counterclaims by Respondent Host States
5.2.5 Quantum Considerations
5.2.6 Kovács: Legal Costs and Cost-Shifting
5.2.7 Procedural Standards of Independence and Transparency
5.2.8 Enforcement of ISDS Awards
5.3 Hazarika: State-State Arbitration
5.4 Jung & Dimitrijević: Investor-State Mediation
​
Part 6 - Future Outlook
6.1 Investor Protection and the Host State's Right to Regulate
6.2 Brodlija: ISDS Reform Efforts by UNCITRAL Working Group III
6.3 Sachs: Reforming Investment Governance for Sustainable Development
6.4 Proposal for a 7th Generation Model BIT in Response to the Crisis
​
Part 7 - Resources
7.1 Emmert: Checklist for Exams and Legal Briefs
7.2 Useful Literature and Links
7.3 Glossary
​
​