PART I INTRODUCTION

1 CHRISTOPH SCHREUER: AN APPRECIATION

2 A TRIBUTE TO CHRISTOPH SCHREUER

PART II JURISDICTION

3 MOST FAVOURED NATION CLAUSES AND JURISDICTIONAL CLAUSES IN INVESTMENT TREATY ARBITRATION

4 MFN CLAUSES AND DISPUTE RESOLUTION IN INVESTMENT TREATIES: HAVE WE REACHED THE END OF THE ROAD?

5 INVESTMENTS ‘IN THE TERRITORY’ OF THE HOST STATE

6 CONSENT AND DUE PROCESS IN MULTIPARTY INVESTOR-STATE ARBITRATIONS

7 JURISDICTION, COMPETENCE, AND ADMISSIBILITY OF CLAIMS IN ICSID ARBITRATION PROCEEDINGS

8 BRIDGING THE CONTRACT/TREATY DIVIDE

9 MONITORING OF DOMESTIC COURTS IN BIT ARBITRATIONS: A BRIEF INVENTORY OF SOME ISSUES

PART III PROCEDURE

10 ARBITRATOR INDEPENDENCE IN ICSID ARBITRATION

11 PROVISIONAL MEASURES IN RECENT ICSID PROCEEDINGS: WHAT PARTIES REQUEST AND WHAT TRIBUNALS ORDER

12 INHERENT POWERS OF NATIONAL AND INTERNATIONAL COURTS: THE PRACTICE OF THE IRAN-US CLAIMS TRIBUNAL

13 ICSID ANNULMENT DECISIONS: THREE GENERATIONS REVISITED

14 THE SCOPE OF ICSID REVIEW: REMARKS ON SELECTED PROBLEMATIC ISSUES OF ICSID DECISIONS

15 ON THE DENUNCIATION OF THE ICSID CONVENTION, CONSENT TO ICSID JURISDICTION, AND THE LIMITS OF THE CONTRACT ANALOGY

16 DENOUNCING ICSID

17 STATE IMMUNITY AND THE ENFORCEMENT OF INVESTOR-STATE ARBITRAL AWARDS

18 ENFORCEMENT OF ICSID AWARDS: ARTICLES 53 AND 54 OF THE ICSID CONVENTION

Part IV INVESTMENT ARBITRATION AND OTHER FORMS OF INVESTMENT PROTECTION

19 THE DIPLOMATIC PROTECTION OF FOREIGN INVESTORS: A TALE OF JUDICIAL CAUTION

20 CLAIMS OF SHAREHOLDERS IN INTERNATIONAL INVESTMENT LAW

21 CHANCELLOR WIRTH AND THE MOLOGALES CONCESSION 1923–1927: THE GERMAN-SPEAKING ORIGINS OF THE 1965 ICSID CONVENTION

PART V SUBSTANTIVE INVESTMENT LAW

22 IDENTIFY OR DEFINE? REFLECTIONS ON THE EVOLUTION OF THE CONCEPT OF INVESTMENT IN ICSID PRACTICE

23 LOCAL REMEDIES AND THE STANDARDS FOR THE PROTECTION OF FOREIGN INVESTMENT

24 PREMATURE TREATY CLAIMS

25 DO UMBRELLA CLAUSES APPLY TO UNILATERAL UNDERTAKINGS?

26 BIT BY BIT: THE SILENT LIBERALIZATION OF THE CAPITAL ACCOUNT

27 THE UNITED STATES 2004 MODEL BILATERAL INVESTMENT TREATY AND DENIAL OF JUSTICE IN INTERNATIONAL LAW

PART VI REGIONAL ASPECTS OF INVESTMENT PROTECTION

28 THE CANADIAN APPROACH TO INVESTMENT PROTECTION: HOW FAR WE HAVE COME!

29 CONFLICT OF NORMS STEMMING FROM INTRA-EU BITS AND EU LEGAL OBLIGATIONS: SOME REMARKS ON POSSIBLE SOLUTIONS

30 INVESTMENT RULES IN REGIONAL INTEGRATION AGREEMENTS IN LATIN AMERICA: THE CASE OF THE ANDEAN PACT/ANDEAN COMMUNITY

PART VII INVESTMENT LAW AND OTHER FIELDS

31 THE ‘PROVISIONAL APPLICATION’ OF THE ENERGY CHARTER TREATY

32 CHANGED CIRCUMSTANCES IN INVESTMENT LAW: INTERFACES BETWEEN THE LAW OF TREATIES AND THE LAW OF STATE RESPONSIBILITY WITH A SPECIAL FOCUS ON THE ARGENTINE CRISIS

33 THE ECONOMIC EMERGENCY DEFENCE IN BILATERAL INVESTMENT TREATIES: A DEVELOPMENT PERSPECTIVE

34 THE EUROPEAN COURT OF HUMAN RIGHTS AND INVESTMENT PROTECTION

35 RECENT CASE LAW ON THE PROTECTION OF PROPERTY IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS

36 HARMONIZING INVESTMENT PROTECTION AND INTERNATIONAL HUMAN RIGHTS: FIRST STEPS TOWARDS A METHODOLOGY

37 JOINT TORTFEASORS IN INVESTMENT LAW

38 INTERPRETING INVESTMENT TREATIES: EXPERIENCES AND EXAMPLES

39 COMMERCIAL ARBITRATION AND INVESTMENT ARBITRATION: FERTILE SOIL FOR FALSE FRIENDS?

PART VIII THE FUTURE

40 CONTINUITY AND DISCONTINUITY IN INTERNATIONAL DISPUTE SETTLEMENT

41 CONTEMPORARY LAW OF FOREIGN INVESTMENT: REVISITING THE STATUS OF INTERNATIONAL LAW

42 PRECEDENT IN INVESTMENT TREATY ARBITRATION

43 THE SAGA OF CMS: RES JUDICATA, PRECEDENT, AND THE LEGITIMACY OF ICSID ARBITRATION

44 COMPLIANCE WITH INVESTMENT TREATIES: WHEN ARE STATES MORE LIKELY TO BREACH OR COMPLY WITH INVESTMENT TREATIES?

45 HUMAN RIGHTS, CONSTITUTIONALISM, AND ‘PUBLIC REASON’ IN INVESTOR-STATE ARBITRATION

46 THE FUTURE OF INVESTMENT ARBITRATION