The public international law regime governing international investment / José E. Alvarez.

• Superior document: A collection of law lectures in pocketbook form
• Author: Hague Academy of International Law.; Alvarez, José E.
• TeilnehmendeR: Hague Academy of International Law.
• Year of Publication: 2011
• Language: English
• Series: Pocketbooks of the Hague Academy of International Law.
• Physical Description: 1 online resource (504 p.)
• Notes: "Full text of the lecture published in June 2011 in the Recueil des cours, Vol. 344 (2009)"--T.p. verso.

This monograph considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international inve...

Table of Contents

• COPYRIGHT; HAGUE ACADEMY OF INTERNATIONAL LAW; The Public International Law Regime Governing International Investment; TABLE OF CONTENTS; CHAPTER I THE EVOLVING INTERNATIONAL INVESTMENT REGIME: AN OVERVIEW; A. Introduction; B. Investment Flows and Globalization; C. The Legalization of International Investment; D. The Contents of International Investment Treaties; E. Investor-State Dispute Settlement; (1) Party control; (2) Remedies for past injury; (3) Impact on State sovereignty; F. Contemporary Critiques of the Investment Regime; (1) Vertical critiques; (2) Horizontal critiques
• (3) Ideological(4) Rule of law critiques; G. The Regime and Public International Law; CHAPTER II WHAT ARE INVESTMENT TREATIES FOR ?; A. Guzman's Account of the Origins of the Investment Regime; B. Refuting Guzman; C. Explaining the Contemporary Investment Regime; D. What is the Most Recent Wave of US Investment Treaties Trying to Achieve ?; CHAPTER III FAIR AND EQUITABLE TREATMENT: THE HEART OF THE INVESTMENT REGIME; A. The Limits of "Treatification"; B. The "Democratic" Credentials of the Investment Regime; C. The Entwined Nature of Treaty and Non-Treaty Sources
• (1) Treatification does not equal precision(2) The absence of precision in a treaty is not the last word; (3) Fragmentation and its discontents; D. Globalization and its Discontents; CHAPTER IV LESSONS FROM THE ARGENTINA CRISIS CASES; A. Introduction; B. The Inconsistent Argentina Cases; (1) Inconsistent views of what is "necessary"; (2) Is there one defence or two ?; (3) Does the customary defence of necessity apply when a BIT is silent, that is, when the BIT does not have an essential security exception or measures not precluded clause ?
• (4) Assuming that it is applicable, what does the customary defence of necessity require States(or claimants) to show ?(5) Assuming that Article XI of the United States-Argentina treaty is a distinct defence from the excuse of necessity, what exactly does it require in order for it to be successfully invoked ?; (6) What is the effect of a successful invocation of Article XI ?; C. Broader Problems; (1) The fragmentation of international investment law; (2) The hazards of premature de-fragmentation; CHAPTER V THE ONCE AND FUTURE INVESTMENT REGIME; A. The Investment Regime in Transition
• B. The Argentina Cases and the Regime's Alleged Legitimacy Deficits(1) The problem of inconsistent arbitral awards; (2) Is the investment regime a threat to sovereignty?; (3) Is the investment regime a threat to human rights ?; (4) Is the investment regime "biased" in favour of investors ?; C. Reform Proposals; D. Points of Intersection between the Investment Regime and Public International Law; (1) Treatification and other positivist sources; (2) Fragmentation; (3) Impact of non-State actors; (4) Globalization and its discontents; (5) The international law profession; (6) Judicialization
• (7) Hegemonic or imperial international law ?