Project One:
Open Source Textbook

"International Investment Law and Investor-State Dispute Settlement"
- draft chapters -

Part 1 - Foundations of Investment Law

1.1 Emmert: The Setting and Classic Problem in International Investment Situations

1.2 Emmert: The History, Economics, and Politics of FDI

1.3 FDI Before International Investment Law - Investors as Aliens and the Rights and Responsibilities

      of States

1.4 Böhme: The History of Investment Protection Treaties - From 1st Generation BITs to 21st

       Century Models

1.5 Chisveto: FDI in the De-Colonization Context - Newly Independent Developing Countries

      Finding their Voice at the UN

1.6 Hajdu: Regional and Multilateral Trade and Investment Agreements

1.7 Ferreira Almeida & Balyan: Modern Customary International Law Protections for Investors

1.8 Emmert: National Law Governing Foreign Investment

1.9 Investor-State Contracts

1.10 Investment Promotion Agencies and Incentives

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Part 2 - Treaty-Based Substantive Investment Protection Standards

2.1 Esenkulova: The Definition of "Investor" and "Investment"

2.2 Nagy: Guarantees Against Expropriation

2.3 Standards of Host Country Conduct

       2.3.1 Thong: National Treatment and Most-Favored Nation (MFN) Treatment

       2.3.2 Wisniewski & Lowther: Fair and Equitable Treatment (FET)

       2.3.3 Adekemi: Full Protection and Security (FPS)

       2.3.4 Guarin: Access to Justice vs. Denial of Justice; Access to Courts and Fair Procedures

       2.3.5 Petsche: Umbrella Clauses and Other Protections in International Investment Treaties

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Part 3 - Cross-Cutting Issues

3.1 Laryea: Legitimate Expectations in International Investment Law

3.2 Legality Requirements and Corruption in Investment Arbitration

3.3 Scheu & Schoettmer: Investment Law and Human Rights

3.4 Host State Citizens' Rights

3.5 Indigenous and Aboriginal Populations

3.6 International Investment Treaties and the Promotion of Gender Equality

3.7 Jevremovic: Investment Law, Environment, and Climate Change

3.8 Sachs: Investment Law and Sustainable Development

3.9 Oke: Investment Law and Intellectual Property Rights

3.10 Hajdu: Investment Law and Trade Law

3.11 Political Risk and Investment Insurance

3.12 FDI Screening at the European and International Level

3.13 Investment Law and the Energy Charter Treaty (ECT)

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Part 4 - Regional Developments

4.1 Scheu & Nikolov: The European Union and International Investment Law

4.2 Yan: China's Belt and Road Initiative

4.3 Balyan & Naik: India's Tryst with Investment Arbitration

4.4 Central Asia and International Investment Law

4.5 The Experience of Latin America and the Caribbean with Investment Law and ISDS

4.6 Sangsuvan: Investment Protection Among ASEAN Countries

4.7 Adekemi: New Approaches to International Investment Treaties in Africa

4.8 Barnard: A Closer Look at NAFTA and the USMCA

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Part 5 - Investor-State Dispute Settlement (ISDS)

5.1 UNCITRAL Reforms and the Code of Conduct for Arbitrators in ISDS

5.2 Dispute Settlement via Investor-State Arbitration

      5.2.1 Adekemi: Initiation of Proceedings by Investors

      5.2.2 Interim Relief

      5.2.3 Alvarado-Garzón: Defenses by the Respondent Host State

      5.2.4 Counterclaims by Respondent Host States

      5.2.5 Quantum Considerations

      5.2.6 Kovács: Legal Costs and Cost-Shifting

      5.2.7 Procedural Standards of Independence and Transparency

      5.2.8 Enforcement of ISDS Awards

5.3 Hazarika: State-State Arbitration

5.4 Jung & Dimitrijević: Investor-State Mediation

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Part 6 - Future Outlook

6.1 Investor Protection and the Host State's Right to Regulate

6.2 Brodlija: ISDS Reform Efforts by UNCITRAL Working Group III

6.3 Reforming Investment Governance for Sustainable Development

      6.3.1 Johnson: Double-Hatting Under UNCITRAL's Code of Conduct for Arbitrators

6.4 Proposal for a 7th Generation Model BIT in Response to the Crisis

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Part 7 - Resources

7.1 Emmert: Checklist for Exams and Legal Briefs

7.2 Useful Literature and Links

7.3 Glossary

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