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Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb a system that is being perceived - correctly or not - as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book of its kind to examine the many issues of procedure, substantive law, and policy which arise from this trend. From procedural aspects such as frivolous claims mechanisms, the establishment of appeals mechanism or state-state arbitration, to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection, the book identifies and discusses the main means by which states do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in states' reassertion of control.

Investments, foreign --- Investments, Foreign --- International commercial arbitration --- Law and legislation --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- Arbitration and award --- Conflict of laws --- International commercial arbitration. --- Law / international. --- Law and legislation.

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"General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law."

Investments, Foreign (International law) --- Investments, Foreign --- Treaties --- International commercial arbitration. --- Investissements étrangers --- Investissements étrangers --- Traités --- Arbitrage commercial international. --- Law and legislation. --- Interpretation and construction. --- Droit international. --- Droit. --- Interprétation. --- Vienna Convention on the Law of Treaties --- Convention de Vienne sur le droit des traités

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At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.

Investments, Foreign --- Customary law, International. --- Investments, Foreign (International law) --- Law and legislation.