Table of Contents

Submission policy ; Contributors ; Foreword by Stephen M. Schwebel ; Preface by the Editorial Committee ; PART ONE ; 1. Recent trends and issues in foreign direct investment, 2010. ; Persephone Economou and Karl P. Sauvant ; 2. Trends in international investment agreements, 2009/2010. Recent steps in the evolution of bilateral investment treaties and the UNCITRAL Arbitration Rules. ; Edward G. Kehoe and Paul B. Maslo ; 3. International investment law and arbitration: 2010 in review. ; Ian A. Laird, Borzu Sabahi, Frederic G. Sourgens and Nicholas J. Birch ; PART TWO ; Symposium on international investment law and the European Union ; Introduction to the Symposium on international investment law and the European Union ; Federico Ortino ; 4. The external investment policy of the European Union in the light of the entry into force of the Treaty of Lisbon. ; Colin Brown and Maria Alcover-Llubia ; 5. New developments on the scope of the EU Common Commercial Policy under the Lisbon Treaty: Investment liberalization vs. investment protection? ; Anna De Luca ; 6. Member State BITs - There's still (some) life in the old dog yet. Incompatibility of existing Member State BITs with EU law and possible remedies: A position paper. ; Steffen Hindelang ; 7. The development of EU trade and investment policies: Drawing lessons form past experiences. ; Angelos Dimopoulos ; ANNEX: ; 1. Excerpts from Article 3, 206 and 207 Treaty on the Functioning of the European Union (TFEU); ; 2. European Commission Communication, Towards a comprehensive European international investment policy; ; 3. European Commission, Proposal for a Regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries; ; 4. Council of the European Union, Conclusions on a comprehensive European international investment policy; ; 5. European Parliament, Resolution on the future European international investment policy; ; 6. European Parliament, Legislative Resolution on the proposal for a regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries (including Position of European Parliament). ; General articles ; 8. Revisiting the necessity defense: Continental Casualty v. Argentina. ; Jose E. Alvarez and Tegan Brink ; 9. The limits of discretion? Self-judging emergency clauses in international investment agreements. ; Michael D. Nolan and Frederic G. Sourgens ; 10. The interpretation of necessity clauses in bilateral investment treaties after the recent ICSID annulment decisions. ; Alberto Alvarez-Jimenez ; 11. Ecuador's attainment of the Sumak Kawsay and the role assigned to international arbitration. ; Katia Fach Gomez ; 12. Sovereign bonds in economic crisis: Is the necessity defense under international law applicable to investor-State relations? A critical analysis of the decision by the German Constitutional Court in the Argentine bondholder cases. ; Stephan W. Schill and Yun-I Kim ; 13. Harmonizing climate change policy and international investment law: Threats, Challenges and opportunities. ; Daniel M. Firger and Michael B. Gerrard ; 14. Large-scale investments in farmland: The regulatory challenge. ; Olivier De Schutter and Peter Rosenblum ; 15. The standing of state-owned entities under investment treaties. ; Mark Feldman ; 16. Note on third -party funding and nationality issues in investment arbitration. ; Philippe Pinsolle ; 17. From gunboats to BITs: The evolution of modern international investment law. ; O. Thomas Johnson, Jr. and Jonathan Gimblett ; 18. Revisiting the de-politization of investment disputes. ; David Schneiderman ; 19. Japanese multinationals in foreign disputes: Do they behave differently, and does it matter for host countries? ; Louis T. Wells and Chieko Tsuchiya ; 20. Comparing U.S. law and recent U.S. investment agreements: Much more similar than you might expect. ; Parvan Parvanov and Mark Kantor ; 21. Devil in the details? The investment effects of dispute settlement variation in BITs. ; Clint Peinhardt and Todd Allee ; 22.a. The use of quantitative methods to examine possible bias in investment arbitration. ; Gus van Harten ; 22.b. Response: Through the looking glass: Understanding social science norms for analyzing international investment law. ; Susan D. Franck, Calvin P. Garbin and Jenna M. Perkins ; 22.c. Reply ; Gus van Harten ; 22.d. Rejoinder ; Susan D. Franck, Calvin P. Garbin and Jenna M. Perkins ; Special section ; Winning Memorials from the 2010 Foreign Direct Investment International Moot Competition (FDI Moot). ; Winning Memorial for Claimant: Russian Academy of Justice. ; Winning Memorial for Respondent: New York University, School of Law.

About the Author

Karl P. Sauvant is the Resident Senior Fellow and Founding Executive Director of the Vale Columbia Center on Sustainable International Investment at Columbia University and Lecturer-in-law, Columbia Law School.