The interest in this topic, and the breadth of proposals offered by our contributors, demonstrates both the importance of holding this dialogue and the creativity of astute users and observers of the present system. This Special Issue is particularly timely in light of the European Union public consultation on investor-state dispute settlement and the Transatlantic Trade and Investment Partnership just begun by EU Trade Commissioner Karel De Gucht.
Table of Contents - Volume 11, issue #01, published January 2014
- Introduction TDM Special issue on "Reform of Investor-State Dispute Settlement: In search of a Roadmap"
CHAPTER I - SETTING THE STAGE FOR REFORM
- Assessing Treaty-based Investor-State Dispute Settlement: Abandon, Retain or Reform?
- Inter-Governmental Evaluation of Investor-State Dispute Settlement: Recent Work at the OECD-hosted Freedom of Investment Roundtable
- Do We Need Investment Arbitration?
- Perspectives for Investment Arbitration: Consistency as a Policy Goal?
- The Emperor Has No Clothes: A Critique of the Debate Over Reform of the ISDS "System"
- Making impossible investor-state reform possible
- ISDS growing pains and responsible adulthood
CHAPTER II - METHODOLOGICAL APPROACHES
- Advancing Reform at ICSID
- UN Commission on International Trade Law and Multilateral Rule-making - Consensus, Sovereignty and the Role of International Organizations in the Preparation of the UNCITRAL Rules on Transparency
- Error Correction and Dispute System Design in Investor-State Arbitration
- The Politics of International Investment Arbitrators
- Investor-State Dispute Settlement Reform - Examining the Formative Aspect of Investment Treaty Commitments: Lessons from Commercial Law and Trade Law
CHAPTER III - REGIONAL EXPERIENCES WITH ISDS
- Proposal of changes to the system of investment dispute resolution: a contribution from South America
- Is There a Life for Latin American Countries After Denouncing the ICSID Convention?
- Ecuador's contribution to the reshaping of the protection of foreign investment and international arbitration: The UNASUR initiative
- What's Yours is Mine: Conflict of Law and Conflict of Interest Regarding Indigenous Property Rights in Latin American Investment Dispute Arbitration
- A Resilient Boat Sailing in Stormy Seas: ASEAN Investment Agreements and the Current Investor-State Dispute Settlement Regime
- Investor-State Dispute Settlement from the Perspective of Vietnam: Looking for a "Post-Honeymoon" Reform
- ICSID's Relevance for the Resolution of China-Africa Disputes
- Africa and the System of Investor-State Dispute Settlement: To Reject or Not to Reject?
- Initial Hiccups or More? About the Efforts of the EU to Find its Future Role in International Investment Law
CHAPTER IV - STRENGTHENING THE ROLE OF STATES
- Section I - Treaty Interpretation
- Delegating Interpretative Authority in Investment Treaties: The Case of Joint Commissions
- Reform of Investor-State Dispute Settlement: Lessons From International Uniform Law
- Which is to be the Master?: Extra-Arbitral Interpretative Procedures for IIAs
- Keeping Interpretation in Investment Treaty Arbitration 'on Track': The Role of States Parties
- In Search of Consistency and Fairness in Investor-State Arbitration: An "Institutional" Approach to Interpreting the Doctrine of Legitimate Expectations
- Travaux Préparatoires and the Legitimacy of Investor-State Arbitration
- State-To-State Investment Treaty Arbitration: A Hybrid Theory of Interdependent Rights and Shared Interpretive Authority
- (Section II - Revising Treaty Language)
- Reform of Investor-State Dispute Settlement: the US Experience
- Liberalization or Litigation? Time to Rethink the International Investment Regime
- Rethinking Rights and Responsibilities in Investor-State Dispute Settlement: Some Model International Investment Agreement Provisions
- Back to the Future: Contemplating a Return to the Exhaustion Rule
- Restricting the Scope of International Investment Agreements as a Means to Set Limits to the Extent of Arbitral Jurisdiction
- Limiting Investor Access to Investment Arbitration - A Solution without a Problem?
- Exclusion From Within the Ambit of a Protected Investor, a Fair Price to Pay for the Act of Abusive Treaty Shopping?
- A Few Pragmatic Observations on How BITs should be Modified to Incorporate Human Rights Obligations
- On Genealogy of Proposals to Reform Investor-State Arbitration
- Section III - State-State Procedures and a Standing Investment Court
- The Abiding Role of State-State Engagement in the Resolution of Investor-State Disputes
- Power and Persuasion in Investment Treaty Interpretation: The Dual Role of States
- In Search of a Roadmap - Lessons for the ISDS Regime in the U.S. Experience of Lump-Sum Claims Settlement Processes
- Permanent Investment Tribunals: The Momentum is Building Up
- The Challenges of Creating a Standing International Investment Court
CHAPTER V - FURTHER ADVANCING THE REFORM OF ICSID
- Achieving a Faster ICSID
- Streamlining the ICSID Process: New Statistical Insights and Comparative Lessons from Other Institutions
- Fragmentation and Harmonization in the ICSID Decision-Making Process
- ICSID Annulment Standards: Who Has Finally Won the Reisman vs Broches Debate Two Decades Ago?
- ICSID Annulment Reform: Are We Looking at the Right Problem?
- The trembling legitimacy of the ICSID annulment system in the light of decisions by Ad Hoc Committees vis-à-vis the Ad Hoc Committee decisions
- Addressing and Redressing Errors in ICSID Arbitration
CHAPTER VI - AN APPELLATE SYSTEM
- Appellate Mechanisms for Investment Arbitration: Worth a Second Look for the Trans-Pacific Partnership and the Proposed EU-US FTA?
- Appellate Review in Investor State Arbitration
- Reform of the investor-State arbitration regime: the appeal proposal
- Introduction of an Appellate Review Mechanism for International Investment Disputes - Expected Benefits and Remaining Tasks
- Why ICSID Doesn't Need an Appellate Procedure, and What to Do Instead
CHAPTER VII - INVESTOR-STATE MEDIATION
- Mediation use in ISDS
- Enabling Early Settlement in Investor-State Arbitration - The Time to Introduce Mediation Has Come
- Integrating Mediation Into Investor-State Arbitration
- The Advantages of Mediation and the Special Challenges to its Utilization in Investor State Disputes
- Alleviating the Disruptive Nature of Investment Arbitration: Some Remarks on Restitution and Post-Arbitration ADR
- Investor-State Conflict Management: A Preliminary Sketch
CHAPTER VIII - REFORMING FROM WITHIN
- The Sixth Path: Reforming Investment Law from Within
- The Margin of Appreciation in International Investment Law
- By Equal Contest of Arms: Jurisdictional Proof in Investor-State Arbitrations
- Interim Costs Orders: The Tribunal's Tool to Encourage Procedural Economy
- Reforming the Approach to Costs in Investment Treaty Arbitration
- Distinguishing Investors from Exporters under Investment Treaties
- Collective Action in Investment Arbitration to Enforce Small Claims Justice to the Deprived or Death Knell for the System of Investor-State Arbitration?
- ICSID Treaty Counterclaims: Case Law and Treaty Evolution
