A new book co-edited by Professor Jorge E. Viñuales from Cambridge together with Professors Joost Pauwelyn and Zachary Douglas from the Graduate Institute, Geneva, explore the conceptual foundations of international investment law.
The volume, recently published by Oxford University Press, brings together a generation of academics and practitioners, including Dr. Michael Waibel from Cambridge, to shed light on the theoretical questions underpinning some of the most controversial issues arising in the practice of international investment law.
International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law.
The contributions in this book revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law.
Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Further information: http://ukcatalogue.oup.com/product/9780199685387.do