Pub Date : 2018-04-06DOI: 10.1163/22119000-12340075
D. Desierto
{"title":"Building International Investment Law: The First 50 Years of ICSID, edited by Meg Kinnear, Geraldine R. Fischer, Jara Minguez Almeida, Luisa Fernanda Torres and Mairee Uran Bidegain","authors":"D. Desierto","doi":"10.1163/22119000-12340075","DOIUrl":"https://doi.org/10.1163/22119000-12340075","url":null,"abstract":"","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128031597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-04-06DOI: 10.1163/22119000-12340090
H. Lenk
The decision of the Court of Justice of the European Union (CJEU) in Opinion 2/15 was eagerly awaited as it was expected to bring much needed clarity to the scope of the post-Lisbon common commercial policy (CCP), and the exercise of European Union (EU) trade and investment policy more generally. At issue was the extent to which the EU is endowed with exclusive competence over the free trade agreement between the EU and Singapore (ESUFTA).1 A finding of exclusive EU competence over the agreement would empower the EU to conclude EUSFTA-type agreements without the involvement of national parliaments. By contrast, a finding of shared competence presupposes a political compromise in the Council to enable the EU to conclude the agreement alone;2 and in the event that parts of the agreement fall outside
{"title":"More Trade and Less Investment for Future EU Trade and Investment Policy","authors":"H. Lenk","doi":"10.1163/22119000-12340090","DOIUrl":"https://doi.org/10.1163/22119000-12340090","url":null,"abstract":"The decision of the Court of Justice of the European Union (CJEU) in Opinion 2/15 was eagerly awaited as it was expected to bring much needed clarity to the scope of the post-Lisbon common commercial policy (CCP), and the exercise of European Union (EU) trade and investment policy more generally. At issue was the extent to which the EU is endowed with exclusive competence over the free trade agreement between the EU and Singapore (ESUFTA).1 A finding of exclusive EU competence over the agreement would empower the EU to conclude EUSFTA-type agreements without the involvement of national parliaments. By contrast, a finding of shared competence presupposes a political compromise in the Council to enable the EU to conclude the agreement alone;2 and in the event that parts of the agreement fall outside","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132017814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-04-06DOI: 10.1163/22119000-12340088
U. Orji
The need to bridge the technological gap between developed and developing countries have remained a major topic in the arena of international economic policy over the last fifty years. In this respect, the critical role of technology transfers in facilitating the development of developing countries has continued to receive international attention. However, many developing countries have also taken their own paths to promote technology transfers in critical economic sectors by establishing enabling legal and policy measures with the aim of fostering economic development through that process. This article examines the legal regime for promoting and regulating technology transfers in Nigeria’s extractive industries and highlights some of its drawbacks. The article also examines other peculiar challenges hindering technology transfers in Nigeria’s extractive industries and proposes legal and policy measures to address those challenges.
{"title":"Promoting Technology Transfers in Nigeria’s Extractive Industries: A Review of the Legal Regime, the Challenges and Proposals for Responses","authors":"U. Orji","doi":"10.1163/22119000-12340088","DOIUrl":"https://doi.org/10.1163/22119000-12340088","url":null,"abstract":"The need to bridge the technological gap between developed and developing countries have remained a major topic in the arena of international economic policy over the last fifty years. In this respect, the critical role of technology transfers in facilitating the development of developing countries has continued to receive international attention. However, many developing countries have also taken their own paths to promote technology transfers in critical economic sectors by establishing enabling legal and policy measures with the aim of fostering economic development through that process. This article examines the legal regime for promoting and regulating technology transfers in Nigeria’s extractive industries and highlights some of its drawbacks. The article also examines other peculiar challenges hindering technology transfers in Nigeria’s extractive industries and proposes legal and policy measures to address those challenges.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126170585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-04-06DOI: 10.1163/22119000-12340079
Markos Karavias
{"title":"Staatsnahe Unternehmen: Die Zurechnungsproblematik im Internationalen Investitionsrecht und weiteren Bereichen des Völkerrechts , written by Jonas Dereje","authors":"Markos Karavias","doi":"10.1163/22119000-12340079","DOIUrl":"https://doi.org/10.1163/22119000-12340079","url":null,"abstract":"","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127516775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-04-06DOI: 10.1163/22119000-12340071
K. Nakajima
Whereas investment treaties and arbitration rules do not usually provide any explicit provision for mass claims in investment treaty arbitration, the Tribunal in Abaclat v Argentina established a landmark jurisprudence that allowed a massive 60,000 investors to bundle and bring their claims before a single arbitral tribunal. However, its reasoning has been severely criticised for its conclusion, which apparently favours bondholder protection at the expense of financial policy leeway of defaulted sovereigns: investment arbitration may adversely affect the orderly implementation of sovereign debt restructuring. This article attempts to take a more balanced approach towards this issue, by focusing on regulatory aspects of arbitral proceedings. A ‘regulatory’ investment treaty arbitration will not only provide creditor protection by opening the door for mass claims, but will also show a deference to an orderly restructuring by closing the door if circumstances so require.
{"title":"Beyond Abaclat : Mass Claims in Investment Treaty Arbitration and Regulatory Governance for Sovereign Debt Restructuring","authors":"K. Nakajima","doi":"10.1163/22119000-12340071","DOIUrl":"https://doi.org/10.1163/22119000-12340071","url":null,"abstract":"Whereas investment treaties and arbitration rules do not usually provide any explicit provision for mass claims in investment treaty arbitration, the Tribunal in Abaclat v Argentina established a landmark jurisprudence that allowed a massive 60,000 investors to bundle and bring their claims before a single arbitral tribunal. However, its reasoning has been severely criticised for its conclusion, which apparently favours bondholder protection at the expense of financial policy leeway of defaulted sovereigns: investment arbitration may adversely affect the orderly implementation of sovereign debt restructuring. This article attempts to take a more balanced approach towards this issue, by focusing on regulatory aspects of arbitral proceedings. A ‘regulatory’ investment treaty arbitration will not only provide creditor protection by opening the door for mass claims, but will also show a deference to an orderly restructuring by closing the door if circumstances so require.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123554067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-02-21DOI: 10.1163/22119000-12340072
Arie Reich
This article discusses Israel’s BITs regime and policy and analyzes its central features. It argues that time has come to use BITs as a tool to attract FDI to the country, in particular to the energy sector. It shows that until now, Israel has concluded BITs mainly as a means to protect Israeli investors in developing and transition countries. The article argues that this policy needs to change to keep up with current trends in International Investment Law and on the background of the important developments over the last few years in Israel’s energy sector. It describes the long saga of the regulatory changes in relation to the natural gas sector, ever since the discovery of huge offshore gas fields, including the Supreme Court’s rulings on the changes of the tax regime and on the stabilization clause, and analyses its impact on the investment climate based on original data.
{"title":"Israel’s Foreign Investment Protection Regime in View of Developments in Its Energy Sector","authors":"Arie Reich","doi":"10.1163/22119000-12340072","DOIUrl":"https://doi.org/10.1163/22119000-12340072","url":null,"abstract":"This article discusses Israel’s BITs regime and policy and analyzes its central features. It argues that time has come to use BITs as a tool to attract FDI to the country, in particular to the energy sector. It shows that until now, Israel has concluded BITs mainly as a means to protect Israeli investors in developing and transition countries. The article argues that this policy needs to change to keep up with current trends in International Investment Law and on the background of the important developments over the last few years in Israel’s energy sector. It describes the long saga of the regulatory changes in relation to the natural gas sector, ever since the discovery of huge offshore gas fields, including the Supreme Court’s rulings on the changes of the tax regime and on the stabilization clause, and analyses its impact on the investment climate based on original data.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"34 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123353716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-02-21DOI: 10.1163/22119000-12340074
B. Garth
This book, dedicated to Charles N. Brower, a prominent international arbitrator, provides a window into the field of international commercial arbitration. It is a depiction and embodiment of the state of what can be called ‘insiders’ international arbitration. It purports to be about ‘practicing virtue,’ providing keys to the actual work of international arbitrators as depicted by an important segment of them. But the scholarship of arbitrators performs multiple functions, including self-promotion, criticism of competitors from outside, unification of the field, and bolstering the legitimacy of the field, among others. The book is therefore not only about the practice of virtue as this community sees it. It is also about ‘dealing in virtue’ – seeking to maintain the market for precisely what this group has to offer.
{"title":"One Window into the State of Insiders’ Arbitration Scholarship","authors":"B. Garth","doi":"10.1163/22119000-12340074","DOIUrl":"https://doi.org/10.1163/22119000-12340074","url":null,"abstract":"This book, dedicated to Charles N. Brower, a prominent international arbitrator, provides a window into the field of international commercial arbitration. It is a depiction and embodiment of the state of what can be called ‘insiders’ international arbitration. It purports to be about ‘practicing virtue,’ providing keys to the actual work of international arbitrators as depicted by an important segment of them. But the scholarship of arbitrators performs multiple functions, including self-promotion, criticism of competitors from outside, unification of the field, and bolstering the legitimacy of the field, among others. The book is therefore not only about the practice of virtue as this community sees it. It is also about ‘dealing in virtue’ – seeking to maintain the market for precisely what this group has to offer.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113985890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-02-21DOI: 10.1163/22119000-12340076
J. Paulsson
{"title":"Due Process of Law Beyond the State , written by Giacinto della Cananea","authors":"J. Paulsson","doi":"10.1163/22119000-12340076","DOIUrl":"https://doi.org/10.1163/22119000-12340076","url":null,"abstract":"","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131984625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-02-21DOI: 10.1163/22119000-12340093
F. Smith
Book review of Messenger, G. The Development of World Trade Organization Law: Examining Change in International Law. Oxford: Oxford University Press, 2016, pp.240, ISBN: 9780198716464
{"title":"The Development of World Trade Organization Law: Examining Change in International Law, written by Gregory Messenger","authors":"F. Smith","doi":"10.1163/22119000-12340093","DOIUrl":"https://doi.org/10.1163/22119000-12340093","url":null,"abstract":"Book review of Messenger, G. The Development of World Trade Organization Law: Examining Change in International Law. Oxford: Oxford University Press, 2016, pp.240, ISBN: 9780198716464","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133674528","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-02-21DOI: 10.1163/22119000-12340078
Matthew Happold, Relja Radović
This article considers the extent to which foreign investors in Member States of the Economic Community of West African States (ECOWAS) might be able to use the ECOWAS Court of Justice to protect their investments against actions of their host States. It does so taking into account the ECOWAS Supplementary Act on Investments and the jurisprudence of the Court of Justice on, in particular, the extent of its substantive jurisdiction. Although it is not suggested that the Court of Justice would be better forum than an international arbitral tribunal, it is argued that it has considerable advantages over national courts.
{"title":"The ECOWAS Court of Justice as an Investment Tribunal","authors":"Matthew Happold, Relja Radović","doi":"10.1163/22119000-12340078","DOIUrl":"https://doi.org/10.1163/22119000-12340078","url":null,"abstract":"This article considers the extent to which foreign investors in Member States of the Economic Community of West African States (ECOWAS) might be able to use the ECOWAS Court of Justice to protect their investments against actions of their host States. It does so taking into account the ECOWAS Supplementary Act on Investments and the jurisprudence of the Court of Justice on, in particular, the extent of its substantive jurisdiction. Although it is not suggested that the Court of Justice would be better forum than an international arbitral tribunal, it is argued that it has considerable advantages over national courts.","PeriodicalId":163787,"journal":{"name":"The journal of world investment and trade","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131023513","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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