Full Description
With the entrance of the European Union into the field of International Investment Law and Arbitration, a new specialist field of law, namely 'European Investment Law and Arbitration' is in the making. This new field of law draws on EU Law, Public International Law, International Investment Law, International Arbitration Law and Practice and International Economic Law, while other fields of law such as Energy Law are also relevant.
This Review is the first law yearbook that is specifically dedicated to the field of 'European Investment Law and Arbitration'.
Published under the auspices of Queen Mary University of London and EFILA.
Contents
Editorial
Articles
1 No Green without More Green
The Importance of Protecting fdi through International Investment Law to Meet the Climate Change Challenge
Sarah Z. Vasani and Nathalie Allen
2 The UK's Post-Brexit Investment Policy
An Opportunity for New Design Choices
Elizabeth Chan
3 The European Commission. Ami Fidèle or Faux Ami?
Exploring the Commission's Role as Amicus Curiae in ICSID Proceedings
Alexander G. Leventhal and Akshay Shreedhar
4 A Sceptical Analysis of the Enforcement of ISDS Awards in the EU Following the Decision of the CJEU on CETA
Brady Gordon
5 Achmea and the Implications for Challenge Proceedings before National Courts
David Sandberg and Jacob Rosell Svensson
6 Resolving Perceived Norm Conflict through Principles of Treaty Interpretation
The January 2019 EU Member States' Declarations
Samantha J. Rowe and Nelson Goh
7 The World after the Termination of Intra-EU BITs
Nikos Lavranos
Essay Competition 2020
8 Assessing the CJEU's Decisions in Achmea and Opinion 1/ 17 in Light of the Proposed Multilateral Investment Court - Winner of the Essay Competition 2020
Crawford Jamieson
9 Legal Stability and Legitimate Expectations
Does International Investment Law Need a Sense of Proportion? - Joint 2nd Prize Winner of the Essay Competition 2020
Robert Bradshaw
10 If You are not Part of the Solution, You are the Problem
Article 37 of the EU Charter as a Defence for Climate Change and Environmental Measures in Investor-State Arbitrations - Joint 2nd Prize Winner Essay Competition 2020
Florence Humblet and Kabir Duggal
Case-Notes
11 The Hague Court of Appeal Reinstates the Yukos Awards
Cees Verburg
12 Theodoros Adamakopoulos and Others v. Republic of Cyprus, ICSID Case No ARB/15/49, Decision on Jurisdiction, 7 February 2020
Bianca McDonnell
13 Investment Arbitration and EU (Competition) Law - Lessons Learned from the Micula Saga
Alesia Tsiabus and Guillaume Croisant
Focus section on the Young ITA Event: Investment Arbitration and the Environment - Emerging Themes
14 The Protection of the Environment in International Investment Agreements - Recent Developments and Prospects for Reform
Laura Rees-Evans
15 Investment Arbitration and Police Powers
Emerging Issues
Crina Baltag
16 Environmental Counterclaims in Investment Arbitration
Anna Bilanová
17 Environmental Claims by States in Investment Treaty Arbitration
Gaurav Sharma
18 The (ab)use of Third-Party Submissions
Nikos Lavranos
Focus Section on EFILA
19 ADR in Investment Disputes
The Role of Complementary Mechanisms— Keynote to the 5th EFILA Annual Conference 2020
Meg Kinnear
20 The Proliferation of Courts and Tribunals
Navigating Multiple Proceedings - 5th EFILA Annual Lecture 2019
Laurence Boisson de Chazournes
Book Reviews
21emsp;The ICSID Convention, Regulations and Rules - a practical Commentary
Nikos Lavranos
22 International Law in Domestic Courts
A Case Book
Nelson Goh
23 The Future of Investment Treaty Arbitration in the EU
Intra-EU BITs, the Energy Charter Treaty, and the Multilateral Investment Court
Trisha Mitra