Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.

• Introduction


• Part I: The place of investment law among international regimes


• 1: Joost Pauwelyn: Regime composition, emergence, and change


• 2: Ursula Kriebaum: The nature of investment disciplines


• 3: Martins Paparinskis: Analogies and other regimes of international law


• 4: Moshe Hirsh: The sociology of international investment law


• 5: Mark Wu: Differences in regime architecture: trade vs. investment


• Part II: Conceptual foundations of investment law


• 6: Florian Grisel: Sources of investment law


• 7: Sergio Puig: No right without a remedy: foundations of investor-state arbitration


• 8: Thomas Schultz: The function of investment arbitration


• 9: Jorge E. Vinuales: Dissecting sovereignty


• 10: Zachary Douglas: Concepts of property


• Part III: Managing regime stress within investment law


• 11: Anne van Aaken: Control mechanisms


• 12: Alex Mills: Balancing different interests


• 13: Julie Maupin: Differentiation


• 14: Jurgen Kurtz: Normative interactions


• 15: Stephan Schill: Harmonising substantive law


• 16: Michael Waibel: Coordinating adjudication processes


• Conclusions

Zachary Douglas is Associate Professor of International Law at the Graduate Institute of International and Development Studies in Geneva and a barrister at Matrix Chambers.
Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva. He is also Co-Director of the Centre for Trade and Economic Integration (CTEI) and Senior Advisor with the law firm of King & Spalding LLP.
Jorge E. Viñuales is Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge.