The Role of the State in Investor State Arbitration 1st Edition by Shaheeza Lalani, Rodrigo Polanco Lazo ISBN 978-9004282254 9004282254

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Product details: 

ISBN 10:  9004282254 

ISBN 13:  978-9004282254

Author: Shaheeza Lalani, Rodrigo Polanco Lazo

Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration.
The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.

Table of contents: 

1. Preliminary Material

2. The Role of the State in Investor-State Arbitration: Introductory Remarks – Michael E. Schneider

3. States and Foreign Investment: A Law of the Treaties Perspective – Tarcisio Gazzini

4. The Regulatory State and the Duty of Consistency – Danielle Morris

5. The Transplantation of Legitimate Expectations in Investment Treaty Arbitration: A Critique – Teerawat Wongkaew

6. Host States as Claimants: Corruption Allegations – Dai Tamada

7. The Concept of the State in Investor-State Arbitration: A Social Science Perspective – Todd Tucker

8. The Impact of Investment Treaty Law on Host State Behavior: Some Doctrinal, Empirical, and Interdisciplinary Insights – Mavluda Sattorova

9. Domestic Demands and International Agreements: What Causes Investor State Disputes? – Zoe Williams

10. Exit, Voice, and Loyalty in Investment Treaty Arbitration: A Summary – Anna T. Katselas

11. Inter-Governmental Consideration of Investor-State Dispute Settlement at the OECD-Hosted Freedom of Investment (FOI) Roundtable – David Gaukrodger

12. Towards a Greater Role for State-to-State Arbitration in the Architecture of Investment Treaties? – Michele Potestà

13. The Role of the State after an Award is Rendered in Investor-State Arbitration – Tomonori Mizushima

14. The Return of the Home State and the Rise of ‘Embedded’ Investor-State Arbitration – Wolfgang Alschner

15. Illegal Investments and Actions Attributable to a State under International Law – Sergey Usoskin

16. The European Union Investment Arbitration Regime and Local Governments: The Need for a Synchronization of Efforts – Cornel Marian

17. State-Owned Enterprises in the Current Regime of Investor-State Arbitration – Ji Li

18. The Many Faces of States in International Investment Law: Supranational Organizations, Unrecognized States, and Sub-State Entities – Chien-Huei Wu

19. The Changing Role of the Home and the Host State in Investor-State Arbitration: Some Conclusions – Rodrigo Polanco Lazo

20. Bibliography – Shaheeza Lalani and Rodrigo Polanco Lazo

21. Index – Shaheeza Lalani and Rodrigo Polanco Lazo

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Tags: Shaheeza Lalani, Rodrigo Polanco Lazo, The Role, the State, State Arbitration