The Structure of Investment Arbitration
By Tony Cole
Routledge – 2013 – 174 pages
Although a State’s treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an "investment" actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis. It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts.
Introduction: The Structural Analysis of International Investment Law1. The Meaning of 'Investment' in the ICSID Convention 2. The Legal Impact of Notifications Under Article 25(4) of the ICSID Convention3.The Role of an Investment Arbitrator and the Use of Non-Binding Documents and Literature in Investment Arbitration 4. The Minimum Standard of Treatment and the Protection of Investors During an Armed Conflict 5. The History and Development of the Most-Favoured Nation Clause 6. The Operation of the Most-Favoured Nation Clause in International Investment Law 7. Dispute Resolution Procedures and the Favourability of Treatment Under a Most-Favoured Nation Clause
Tony Cole is Senior Lecturer at Brunel Law School and Director of the Brunel Centre for the study of Arbitration and Cross-Border Investment. He works primarily in international arbitration and international investment law, and authors the blog A Canon for Arbitration and Investment Law.