David Collins - An Introduction to International Investment Law

An Introduction to International Investment Law

This insightful and accessible introduction provides students and practitioners with a comprehensive overview of the increasingly important discipline of international investment law. Focusing primarily on the legal principles contained in the growing body of international investment agreements, this book covers the core concepts of the discipline, with attention given to their relation to each other and to the manner in which they have been developed through arbitration case law. The context of each legal principle is explored, along with a consideration of some of the major debates and emerging criticisms. Avoiding extensive case extracts, this book adopts an engaging and succinct narrative style which allows readers to advance their understanding of the topic while examining the legal principles with academic rigour and discerning commentary.

David Collins is a Professor of International Economic Law at City University London where he teaches and researches in the fields of world trade and international investment law. He has authored numerous books and articles and his research has attracted funding from sources such as the British Academy and the Society of Legal Scholars. David has lectured around the world and has been a visiting fellow at several institutions including Georgetown University, Columbia University and the Max Planck Institute in Heidelberg. David is a Solicitor (England and Wales) and is admitted to the Bars of Ontario, Canada and New York State.

An Introduction to International Investment Law

David Collins

City University London

University Printing House, Cambridge CB2 8BS, United Kingdom

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Information on this title: www.cambridge.org/9781107160453

David Collins 2017

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First published 2017

Printed in the United Kingdom by Clays, St Ives plc

A catalogue record for this publication is available from the British Library.

ISBN 978-1-107-16045-3 Hardback

ISBN 978-1-316-61357-3 Paperback

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Table of Cases

International Courts and Tribunals

Ad hoc tribunals

Al-Karafi v. Libya , Final Award (22 March 2013)

Biloune v. Ghana , Award (27 Oct 1989 and 30 June 1990)

Eureko v. Poland , Partial Award (19 Aug 2005)

Liamco v. Libya , Award (12 April 1977) 20 ILM 1 (1981)

Texaco Overseas Petroleum Company (TOPCO) v. Libya , 17 ILM 1 (1978)

American Arbitration Association (AAA)

Revere Copper v. Overseas Private Inv. Corp. (OPIC) , Award (24 Aug 1978) (1980) 56 ILR 258

Arbitration Institute of the Stockholm Chamber of Commerce (SCC)

Berschader v. Russia , Case No. V (080/2004) (21 April 2006)

RosInvest v. Russia , Case No. V (079/2005) (22 Dec 2010)

Stati v. Kazakhstan , Case No. V (116/2010) (4 Feb 2014)

The International Centre for the Settlement of Investment Disputes (ICSID)

(Award unless otherwise stated.)

ADC Affiliate v. Hungary , Case No. ARB/03/16, (2 Oct 2006)

ADF Group Inc. v. United States , Case No. ARB(AF)/00/1 (9 Jan 2003)

AGIP v. Congo , Case No. ARB/77/1 (30 Nov 1979), 21 ILM 735 (1982)

Alapli Elektrik v. Turkey , Case No. ARB/08/13 (10 July 2014)

AMCO Asia Corporation v. Indonesia , Case No ARB/81/1 (21 Nov 1984)

AMT v. Zaire , Case No. ARB/93/1 (21 Feb 1997)

Antoine Goetz v. Burundi , Case No. ARB/01/2 (21 June 2012)

Apotex v. United States , Case No. ARB(AF)/12/1 (25 Aug 2014)

Asian Agricultural Products (AAPL) v. Sri Lanka , Case No. ARB/87/3 (27 June 1990), (1992) 17 YCA 106

ATA Construction, Industrial and Trading Company v. Jordan , Case No. ARB/08/2 (18 May 2010)

Azinan v. Mexico , Case No ARB(AF)/97/2 (1 Nov 1999)

Azurix v. Argentina , Case No. ARB/01/12 (14 July 2006)

Burimi SRL and Eagle Games SH.A v. Albania , Case No. ARB/11/18 (29 May 2013)

Cargill, Inc. v. Mexico , Case No. ARB(AF)/05/2 (18 Sept 2009)

CMS Gas Transmission v. Argentina , Case No. ARB/01/8, Decision on Jurisdiction (17 July 2003)

CMS Gas Transmission v. Argentina , Case No. ARB/01/8 (12 May 2005)

Colt Industries v. Republic of Korea , Case No. ARB/84/2 (3 Aug 1990)

Commerce Group and San Sebastian Gold Mines v. El Salvador , Case No. ARB/09/17 (14 March 2011)

Compaa de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Argentina , Case No. ARB/97/3 (20 Aug 2007)

Continental Casualty v. Argentina , Case No. ARB/03/9 (23 Oct 2009)

Corn Products International, Inc. v. Mexico , Case ARB(AF)/04/1, Decision on Responsibility (15 Jan 2008)

David Minnotte & Robert Lewis v. Poland , Case No. ARB(AF)/10/1 (16 May 2014)

Desert Line v. Yemen , Case No. ARB/05/17 (26 Feb 2008)

El Paso v. Argentina , Case No. ARB/03/15, Decision on Jurisdiction (14 April 2006)

Emmis International Holding v. Hungary , Case No. ARB/12/2 (16 April 2014)

Enron Corporation and Ponderosa Assets, L.P. v. Argentina , Case No. ARB/01/3, Decision on Jurisdiction (14 Jan 2004)

Enron Corporation and Ponderosa Assets, L.P. v. Argentina , Case No. ARB/01/3 (22 May 2007)

Feldman v. Mexico , Case No. ARB(AF)/99/1 (16 Dec 2002)

Fireman's Fund Insurance Company v. Mexico , Case No. ARB(AF)/02/1 (17 July 2006)

Foresti v. South Africa , Case No. ARB(AF)/07/01 (4 Aug 2010)

Fraport AG Frankfurt Airport Services Worldwide v. Philippines , Case No. ARB/11/12 (10 Dec 2014)

Gas Natural SDG v. Argentina , Case No. ARB/03/10 (17 June 2005)

GEA Group Aktiengesellschaft v. Ukraine , Case No. ARB/08/16 (31 March 2011)

Global Trading v. Ukraine , Case No. ARB/09/11 (1 Dec 2010)

Hassan Awdi v. Romania , Case No. ARB/10/13 (2 March 2015)

HOCHTIEF Aktiengesellschaft v. Argentina , Case No. ARB/07/31 (24 Oct 2011)

Impregilo v. Argentina , Case No. ARB/07/17 (21 June 2011)

Lemire v. Ukraine , Case No. ARB/06/18 (28 March 2011)

LETCO v. Liberia , Case No. ARB/83/2 (31 March 1986)

Levi v. Peru , Case No. ARB/10/17 (9 Jan 2015)

LG&E v. Argentina , Case No. ARB/02/1 (3 Oct 2006)

Libananco Holdings Co. Limited v. Turkey , Case No. ARB/06/8 (2 Sept 2011)

Loewen v. United States , Case No. ARB(AF)/98/3 (26 June 2003)

Maffezini v. Spain , Case No. ARB/97/7 (25 Jan 2000)

Malaysia Historical Salvors Sdn Bhd v. Malaysia , Case No. ARB/05/10, Decision on Application for Annulment (16 April 2009)