Yearbook on International Investment Law & Policy 2010-2011

Karl P. Sauvant is the Resident Senior Fellow and Founding Executive Director of the Vale Columbia Center on Sustainable International Investment at Columbia University and Lecturer-in-law, Columbia Law School.

• Submission policy ; Contributors ; Foreword by Stephen M. Schwebel ; Preface by the Editorial Committee ; PART ONE ; 1. Recent trends and issues in foreign direct investment, 2010. ; Persephone Economou and Karl P. Sauvant ; 2. Trends in international investment agreements, 2009/2010. Recent steps in the evolution of bilateral investment treaties and the UNCITRAL Arbitration Rules. ; Edward G. Kehoe and Paul B. Maslo ; 3. International investment law and arbitration: 2010 in review. ; Ian A. Laird, Borzu Sabahi, Frederic G. Sourgens and Nicholas J. Birch ; PART TWO ; Symposium on international investment law and the European Union ; Introduction to the Symposium on international investment law and the European Union ; Federico Ortino ; 4. The external investment policy of the European Union in the light of the entry into force of the Treaty of Lisbon. ; Colin Brown and Maria Alcover-Llubia ; 5. New developments on the scope of the EU Common Commercial Policy under the Lisbon Treaty: Investment liberalization vs. investment protection? ; Anna De Luca ; 6. Member State BITs - There's still (some) life in the old dog yet. Incompatibility of existing Member State BITs with EU law and possible remedies: A position paper. ; Steffen Hindelang ; 7. The development of EU trade and investment policies: Drawing lessons form past experiences. ; Angelos Dimopoulos ; ANNEX: ; 1. Excerpts from Article 3, 206 and 207 Treaty on the Functioning of the European Union (TFEU); ; 2. European Commission Communication, Towards a comprehensive European international investment policy; ; 3. European Commission, Proposal for a Regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries; ; 4. Council of the European Union, Conclusions on a comprehensive European international investment policy; ; 5. European Parliament, Resolution on the future European international investment policy; ; 6. European Parliament, Legislative Resolution on the proposal for a regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries (including Position of European Parliament). ; General articles ; 8. Revisiting the necessity defense: Continental Casualty v. Argentina. ; Jose E. Alvarez and Tegan Brink ; 9. The limits of discretion? Self-judging emergency clauses in international investment agreements. ; Michael D. Nolan and Frederic G. Sourgens ; 10. The interpretation of necessity clauses in bilateral investment treaties after the recent ICSID annulment decisions. ; Alberto Alvarez-Jimenez ; 11. Ecuador's attainment of the Sumak Kawsay and the role assigned to international arbitration. ; Katia Fach Gomez ; 12. Sovereign bonds in economic crisis: Is the necessity defense under international law applicable to investor-State relations? A critical analysis of the decision by the German Constitutional Court in the Argentine bondholder cases. ; Stephan W. Schill and Yun-I Kim ; 13. Harmonizing climate change policy and international investment law: Threats, Challenges and opportunities. ; Daniel M. Firger and Michael B. Gerrard ; 14. Large-scale investments in farmland: The regulatory challenge. ; Olivier De Schutter and Peter Rosenblum ; 15. The standing of state-owned entities under investment treaties. ; Mark Feldman ; 16. Note on third -party funding and nationality issues in investment arbitration. ; Philippe Pinsolle ; 17. From gunboats to BITs: The evolution of modern international investment law. ; O. Thomas Johnson, Jr. and Jonathan Gimblett ; 18. Revisiting the de-politization of investment disputes. ; David Schneiderman ; 19. Japanese multinationals in foreign disputes: Do they behave differently, and does it matter for host countries? ; Louis T. Wells and Chieko Tsuchiya ; 20. Comparing U.S. law and recent U.S. investment agreements: Much more similar than you might expect. ; Parvan Parvanov and Mark Kantor ; 21. Devil in the details? The investment effects of dispute settlement variation in BITs. ; Clint Peinhardt and Todd Allee ; 22.a. The use of quantitative methods to examine possible bias in investment arbitration. ; Gus van Harten ; 22.b. Response: Through the looking glass: Understanding social science norms for analyzing international investment law. ; Susan D. Franck, Calvin P. Garbin and Jenna M. Perkins ; 22.c. Reply ; Gus van Harten ; 22.d. Rejoinder ; Susan D. Franck, Calvin P. Garbin and Jenna M. Perkins ; Special section ; Winning Memorials from the 2010 Foreign Direct Investment International Moot Competition (FDI Moot). ; Winning Memorial for Claimant: Russian Academy of Justice. ; Winning Memorial for Respondent: New York University, School of Law.