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Oxford University Press just released the Yearbook on International Investment Law & Policy 2011-2012, edited by Karl P. Sauvant. It analyses developments as regards the magnitude and salient features of investment flows and the question of home-country policies, international investment law and arbitration and trends in international investment agreements. This edition of the Investment Yearbook pays special attention to regulatory and policy developments regarding foreign direct investment in the extractive industries, before addressing topical issues that include discussions of the Argentine annulments and the application of the customary necessity rule, sovereign debt, public interest regulation, human rights obligations under investment treaties, host state corruption, the economic analysis of substantive investment protections, and an assessment of Chinese outward investment.
Summary Table of Contents
Foreword by Brigitte Stern
Preface by the Editorial Committee
PART ONE
1. FDI trends in 2010-2011 and the challenge of investment policies for outward foreign direct investment
Persephone Economou and Karl P. Sauvant
2. International investment law and arbitration: 2011 in review
Ian A. Laird, Borzu Sabahi, Frédéric G. Sourgens, and Nicholas J. Birch
3. Trends in international investment agreements, 2010/2011: The increasing complexity of international investment law
Stephan W. Schill and Marc Jacob
PART TWO
SYMPOSIUM ON REGULATORY AND POLICY DEVELOPMENTS REGARDING FDI IN EXTRACTIVE INDUSTRIES
Introduction to symposium on regulatory and policy developments regarding FDI in extractive industries
Erlend Bakken and Andrea K. Bjorklund
4. The International Bar Association Model Mine Development Agreement project: A step toward better practice and better development results
Luke J. Danielson and Mark D. Phillips
5. Legal mechanisms for increased transparency in the extractive industries
Tonje P. Gormley
6. Reconfiguring investment contracts to promote sustainable development
Lorenzo Cotula and Kyla Tienhaara
7. Reflections on sovereignty over natural resources and the enforcement of stabilization clauses
Peter D. Cameron
8. Impacts of fiscal reforms on country attractiveness: Learning from the facts
Lisa E. Sachs, Perrine Toledano, Jacky Mandelbaum, with James Otto
9. Arbitration in long-term international petroleum contracts: The “internationalization” of the applicable law
Ivar Alvik
GENERAL ARTICLES
10. The Argentine annulments: The uneasy application of ICSID article 52 in parallel claims
Leah D. Harhay
11. How may tribunals apply the customary necessity rule to the Argentine cases? An analysis of ICSID decisions with respect to the interaction between article XI of the U.S.-Argentina BIT and the customary rule of necessity
Javier El-Hage
12. Leviathan on life-support? Restructuring sovereign debt and international investment protection after Abaclat
Michael D. Nolan, Frédéric G. Sourgens, and Hugh Carlson
13. Standards of review and reviewing standards: Public interest regulation in international investment law
Rahim Moloo and Justin M. Jacinto
14. How to impose human rights obligations on corporations under investment treaties? Pragmatic guidelines for the amendment of BITs
Patrick Dumberry and Gabrielle Dumas-Aubin
15. Upholding corrupt investors’ claims against complicit or compliant host states —Where angels should not fear to tread
Kevin Lim
16. An economic analysis of the substantive protections provided by investment treaties
Jonathan Bonnitcha and Emma Aisbett
17. Converging divergences: The rise of Chinese outward foreign investment and its implications for international (investment) law
SPECIAL SECTION
WINNING MEMORIALS FROM THE 2011 FOREIGN DIRECT INVESTMENT INTERNATIONAL MOOT COMPETITION (FDI MOOT)
Winning Claimant Memorial: University of Barcelona
Winning Respondent Memorial: King’s College London