Yearbook on International Investment Law & Policy 2010-2011 Yearbook on International Investment Law and Policy Series

Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network continues, raising a host of issues regarding international investment law and policy, especially in the area of international investment disputes. This Yearbook monitors current developments in international investment law and policy, focusing (in Part One) recent trends and issues in foreign direct investment (FDI). Part Two, then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and helpfully annexes the key official European Union documents. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers.

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