With the establishment of the World Trade Organization, its effective dispute settlement mechanism and the certainty of treaty rules, an effective regime for international trade was created. The dispute settlement mechanism is considered to be the most effective ever developed in international law. There are no such regulations for the protection of foreign investments. This chapter begins by tracing the history of international foreign investment law. History shows that even at the height of the neoliberal phase, law was not characterized by a uniform set of norms that would have encouraged the formation of a regime. It also analyzes the current literature that attempts to obtain methods for creating a global investment law regime. It is argued that since the global economic crises, developed countries have curbed the offensive nature of investment agreements in order to turn the possibility of a regime into such a mirage. Consequently, none of the mutations aimed at preserving the construction of neoliberal norms could survive without the resistance of interests opposed to the imposition of a regime by indirect means. The International Centre for Settlement of Investment Disputes (ICSID) is the world`s leading international investment arbitration body. In its half-century of existence, ICSID has handled more than 525 cases with parties, lawyers, arbitrators and arbitrators from virtually every country in the world. Overall, ICSID jurisprudence has defined international investment law. This volume celebrates ICSID`s first 50 years by presenting the landmark cases decided under its auspices. These cases covered all aspects of investment disputes: jurisdictional thresholds; substantive obligations contained in investment treaties, contracts and legislation; issues of general international law; and a number of new procedural issues.
Each chapter, prepared by an expert competent on the particular focus of the chapter, examines a topic of international investment law through the prism of one or more of these policy cases and analyses what has been the case, how it has been applied and what overall importance it has had for the development of international investment law. As international investment law becomes increasingly important in an increasingly globalized world, this book is more than a fitting way to mark the last 50 years and welcome the next 50 years of development. It will prove to be both educational for practitioners new to the field and informative for experienced investment lawyers. In addition, the book itself is an important milestone that will be of great value to professionals, business people, academics and students interested in international investment law. In serving ICSID member states and the public, the Secretariat seeks to raise awareness of the ICSID dispute settlement process and the development of international foreign investment law. Some societies use Oxford Academic`s personal accounts to provide access to their members. See below. Access to content on Oxford Academic is often made possible through subscriptions and institutional purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways: If your institution is not on the list or you cannot log in to your institution`s website, please contact your librarian or administrator. If you do not have a club account or have forgotten your username or password, please contact your club. “The Case Against A Regime on International Investment Law” Members of the Society can access a journal in one of the following ways: Many companies offer single sign-on between the company`s website and Oxford Academic.
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