Full Description
The objective of this edited volume is to explore the role that digitisation and new technologies play in the law and practice relating to international investment. The traditional view of international investment law, focusing on physical movement of investors and greenfield establishment, is currently confronted by the increasing diffusion and varying use of technological advances around the world. Digital assets and digital services, inherently, pose challenges to conventional conceptions of territorial nexus in investment protection. Utilization of algorithms and artificial intelligence in investor-state dispute settlement (ISDS) is also not free of controversy when it comes to ensuring fair (and reasoned) outcomes and due process. Moreover, cybersecurity-related concerns exacerbate geopolitical fragmentation and affect negatively investment flows, both at the inward and outward level. The contributors of this edited volume masterfully examine these and other related key issues and critically reflect on how digitalisation and new technologies reshape the foundations of international investment law.
Contents
Digitalisation, new technologies and international investment law - an introduction Panagiotis Delimatsis, Georgios Dimitropoulos and Anastasios Gourgourinis; Part I. International Investment Law in the Digital Economy: Cross-Cutting Issues: 1. Transcending traditional boundaries of sovereignty and territorial jurisdiction: investment law and the digital economy Andrea Bjorklund and Simon Rollat; 2. The digital divide and investment - how will investment protections affect the international community's aim of providing access to new technologies to all? Krista Nadakavukaren Schefer; 3. Digital taxes and international investment law: a new battleground? Natalia Mouzoula, Anjarwalla Collins and Haidermota; Part II. Digital Assets in International Investment Law: 4. Protecting digital assets under international investment law Robert Kovacs and Christina Liew, Withers LLP; 5. Legal duality in blockchain technology: linking investment and innovation Julien Chaisse; Part III. Digital Services in International Investment Law: 6. From tiktok to uber to the metaverse: digital services, servicification and international investment law Panagiotis Delimatsis; 7. Where does the cloud hang over? The regulation of cloud technologies and international investment law: territorial and extra-territorial implications Marios Tokas; Part IV. Algorithms and Artificial Intelligence in International Investment Arbitration: 8. Algorithms in investment arbitration: the next generation of anti-corruption toolkits? Nikola Kurková Klímová; 9. Artificial intelligence and the selection of investment arbitrators Richard Chen; Part V. Cybersecurity, National Security and International Investment Law: 10. Unpacking cyber sovereignty: China's cyber security legislation and its challenges to international investment law Chieh Huang; 11. International investment law for data security: a proper framework? Ji Ma; 12. The rollout of 5g and national security concerns: is international investment law well-equipped to handle a new age of geo-economics? Iryna Bogdanova and Anqi Wang.
