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"A breach of fair and equitable treatment is alleged in almost every investor-state dispute. It has therefore become a controversial norm, which touches many questions at the heart of general international law. Roland Klager sheds light on these controversies by exploring the deeper doctrinal foundations of fair and equitable treatment and reviewing its contentious relationship with the international minimum."

"Attempts at developing a theory of international investment law are complicated by the fact that this field of international law is based on numerous, largely bilateral treaties and is implemented by arbitral panels established on a case-by-case basis. This suggests a fragmented and chaotic state of the law, with different levels of protection depending on the sources and targets of foreign investment flows. This book, however, forwards the thesis that international investment law develops, despite its bilateral form, into a multilateral system of law that backs up the functioning of a global market economy based on converging principles of investment protection. In discussing the function of most-favored-nation clauses, the possibilities of treaty-shopping and the impact of investor-State arbitration with its intensive reliance on precedent and other genuinely multilateral approaches to treaty interpretation, it offers a conceptual framework for understanding the nature and functioning of international investment law as a genuinely multilateral system."

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ABSTRACTSignatory States have the right to take action in order to maintain their financial stability, stimulate economic development or further their non-economic interests (such as health, the environment and food security). However, such measures can potentially conflict with the rights of foreign investors. Regulators and policy makers must take States' international commitments toward foreign investors into account when making decisions. They must also avoid resorting to protectionism in drafting new treaties. With this tension in mind, this book offers a balanced reappraisal of bilateral treaties and regional agreements on foreign investments. The sensitive issues are examined in the light of the case law of arbitral investment tribunals and other international courts, and the analysis highlights how cross-fertilisation between trade and investment can assist in resolving conflicts."

"The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field."

"The Backlash against Investment Arbitration : Perceptions and Reality /​ Michael Waibel ... [et al.]Disregarding the Corporate Veil and Denial of Benefits Clauses : Testing Treaty Language and the Concept of "Investor" /​ Rachel Thorn &​ Jennifer DoucleffPrivate Enforcement of International Investment Law : Why We Need Investor Standing in BIT Dispute Settlement /​ Stephan W. SchillDrawing the Limits of Free Transfer Provisions /​ Alejandro Turyn &​ Facundo Perez AznarA Comparison of ICSID and UNCITRAL Arbitration : Areas of Divergence and Concern /​ Stephen Jagusch &​ Jeffrey SullivanThe Issues Raised by Parallel Proceedings and Possible Solutions /​ August ReinischParallel Proceedings : A Practitioner's Perspective /​ Richard KreindlerAnnulment and its Role in the Context of Conflicting Awards /​ Christina KnahrCompensation for Non-expropriatory Investment Treaty Breaches in the Argentine Gas Sector Cases : Issues and Implications /​ Kathryn KhamsiArbitrator Integrity /​ William ParkAmicus Curiae : A Panacea for Legitimacy in Investment Arbitration? /​ Nigel Blackaby &​ Caroline RichardParticipation of Non-governmental Organizations in Investment Arbitration as Amici Curiae /​ Amokura KawahruLegality of Investments under ICSID Jurisprudence /​ Gabriel BottiniInvoking State Defenses in Investment Treaty Arbitration /​ A MartinezBacklash to Investment Arbitration : Three Causes /​ Louis T. Wells"

"Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book describes the process of investor-state arbitration in all of its phases, and provides the reader with comprehensive insight into investor-state arbitration. It includes contributions from many of the leading experts in the field, from private practitioners and academics to government and NGO officials. In this way, this book differs from other books on this topic because it includes contributions from all actors involved, providing more credibility in an area in which one of the main criticisms is bias against governments. This book provides pragmatic and reliable analysis of all aspects of this evolving topic."

"Attempts at developing a theory of international investment law are complicated by the fact that this field of international law is based on numerous, largely bilateral treaties and is implemented by arbitral panels established on a case-by-case basis. This suggests a fragmented and chaotic state of the law, with different levels of protection depending on the sources and targets of foreign investment flows. This book, however, forwards the thesis that international investment law develops, despite its bilateral form, into a multilateral system of law that backs up the functioning of a global market economy based on converging principles of investment protection. In discussing the function of most-favored-nation clauses, the possibilities of treaty-shopping and the impact of investor-State arbitration with its intensive reliance on precedent and other genuinely multilateral approaches to treaty interpretation, it offers a conceptual framework for understanding the nature and functioning of international investment law as a genuinely multilateral system."