The role of the state in investor-state arbitration / / edited by Shaheeza Lalani and Rodrigo Polanco Lazo.

• Superior document: Nijhoff International Investment Law Series, Volume 3.
• TeilnehmendeR: Lalani, Shaheeza,; Polanco, Rodrigo, 1973-
• Place / Publishing House: Leiden, Netherlands : : Brill Nijhoff,, 2015.; ©2015
• Year of Publication: 2015
• Edition: 1st ed.
• Language: English
• Series: Nijhoff international investment law series ; Volume 3.
• Physical Description: 1 online resource (506 pages)
• Notes: Description based upon print version of record.

Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration. The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.

Table of Contents

Preliminary Material / Shaheeza Lalani and Rodrigo Polanco Lazo -- The Role of the State in Investor-State Arbitration: Introductory Remarks / Michael E. Schneider -- States and Foreign Investment: A Law of the Treaties Perspective / Tarcisio Gazzini -- The Regulatory State and the Duty of Consistency / Danielle Morris -- The Transplantation of Legitimate Expectations in Investment Treaty Arbitration: A Critique / Teerawat Wongkaew -- Host States as Claimants: Corruption Allegations / Dai Tamada -- The Concept of the State in Investor-State Arbitration: A Social Science Perspective / Todd Tucker -- The Impact of Investment Treaty Law on Host State Behavior: Some Doctrinal, Empirical, and Interdisciplinary Insights / Mavluda Sattorova -- Domestic Demands and International Agreements: What Causes Investor State Disputes? / Zoe Williams -- Exit, Voice, and Loyalty In Investment Treaty Arbitration: A Summary / Anna T. Katselas -- Inter-Governmental Consideration of Investor-State Dispute Settlement at the OECD-Hosted Freedom of Investment (FOI) Roundtable / David Gaukrodger -- Towards a Greater Role for State-to-State Arbitration in the Architecture of Investment Treaties? / Michele Potestà -- The Role of the State after an Award is Rendered in Investor-State Arbitration / Tomonori Mizushima -- The Return of the Home State and the Rise of ‘Embedded’ Investor-State Arbitration / Wolfgang Alschner -- Illegal Investments and Actions Attributable to a State under International Law / Sergey Usoskin -- The European Union Investment Arbitration Regime and Local Governments: The Need for a Synchronization of Efforts / Cornel Marian -- State-Owned Enterprises in the Current Regime of Investor-State Arbitration / Ji Li -- The Many Faces of States in International Investment Law: Supranational Organizations, Unrecognized States, and Sub-State Entities / Chien-Huei Wu -- The Changing Role of the Home and the Host State in Investor-State Arbitration: Some Conclusions / Rodrigo Polanco Lazo -- Bibliography / Shaheeza Lalani and Rodrigo Polanco Lazo -- Index / Shaheeza Lalani and Rodrigo Polanco Lazo.