bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Concept of Investment in Investment Treaties
Authors: Petsche Markus 
Published: August 2024

Abstract
This chapter has a twofold object. Section II presents ‘traditional’ treaty definitions of the term ‘investment’, ie the approach followed in the vast majority of investment treaties concluded in the 1990s and 2000s. Those traditional definitions are characterized by two principal features: first, they are ‘asset-based’ (they define ‘investments’ as assets) and, second, they are broad. As will be shown in Chapter 6, a growing number of recent investment treaties depart from this traditional model, introducing various exclusions and restrictions and adopting (occasionally) ‘enterprise-based’ definitions of ‘investment’.Sections III—VI explore four common definitional requirements found in investment treaties. These are not specific to the traditional model, ie they generally also apply under the more restrictive and/or enterprise-based definitions contained in recently concluded treaties. These requirements include (a) ownership or control by the presumed investor, (b) localization of the investment in the territory of the host State (‘territoriality’), (c) legality (or lawfulness) of the investment, and (d) the requirement of an ‘active’ investment. The first three requirements are almost universally accepted; the fourth one enjoys only limited recognition.Please suggest 5—10 keywords that can be used for describing the content of the chapter.
Conclusion
Authors: Petsche Markus 
Published: August 2024

Abstract
This conclusion has a twofold purpose. First, it summarizes the principal findings of the book. These notably include that (a) a majority of tribunals follow the ‘objective’ approach; (b) the principal arguments relied upon in support of this approach are the principle of effective interpretation and the ICSID Convention’s drafting history (none of which is plainly convincing); (c) most tribunals consider that the meaning of ‘investment’ under Art 25 ICSID Convention is best captured by the Salini test; (d) the Salini test rests on shaky foundations and is highly problematic; (e) some tribunals have adopted alternative approaches which are equally, if not more, flawed; (f) treaty definitions of ‘investment’ have traditionally been broad, asset-based definitions but have recently become more restrictive; (g) tribunals have started applying objective definitional criteria of ‘investment’ under investment treaties; (h) definitions of ‘investment’ contained in investment differ in various respects from treaty definitions; and (i) the ambiguity as to the nature of ‘investment’ remains largely unresolved. Second, the conclusion presents a few observations concerning current challenges and possible future developments. Please suggest 5—10 keywords that can be used for describing the content of the chapter.
Investment Treaties, Foreign Investment, and Development
Authors: Bonnitcha Jonathan , Skovgaard Poulsen Lauge N , Waibel Michael 
Published: August 2024

AbstractThis chapter examines the aggregate economic effects of investment treaties, focusing on their impact on investment flows and economic development. The first section reviews studies of investment treaties’ investment protection provisions on foreign investment. The second section examines the impact of investment treaties on governance. Both sections outline the findings of existing empirical studies, assess the relevance of these findings, and discuss the methodological and measurement challenges that make it difficult to draw strong conclusions from the existing literature. The third section examines the impact of the investment liberalization provisions of investment treaties on foreign investment and development. These provisions, which are increasingly common, could have important, yet largely unexplored, macroeconomic effects.
Neutrality in Contemporary International Law
Authors: Upcher James 
Published: August 2024

Abstract
The law of neutrality—the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities—assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed—the extra-legal character of war—no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and non-belligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral States and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of the law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
Abuse of Privileges and Immunities (Article VII Sections 24–25 Specialized Agencies Convention)
Authors: Barros Ana Sofia , Ryngaert Cedric 
Published: August 2024

Abstract
This chapter discusses Article VII Sections 24–25 of the Specialized Agencies Convention. Section 24 serves as a counterweight to the privileges and immunities granted to the Specialized Agencies. Whilst waiver of immunity constitutes the usual formula to respond to abuses of privileges and immunities, the present provision introduces a new set of procedures aimed at settling disputes arising out of such circumstances. It is thus a provision for which there is no precedent, including within the framework of the General Convention, which only deals with abuses allegedly perpetrated by UN officials. The purposes of Section 25 are twofold. On the one hand, it provides a clear means to deal with situations where the government of a country in which officials and representatives of members are exercising their functions wishes to have them leave due to undesirable activities unrelated to their official functions. On the other hand, the present section is also protective of officials and member State representatives, inasmuch as it provides them with strong safeguards in cases of expulsion.
Annexes and Application (Article X Sections 33–40 Specialized Agencies Convention)
Authors: Moradi Behrouz 
Published: August 2024

Abstract
This chapter discusses Article X Sections 33–40 of the Special Agencies Convention. Art. X sets out the procedures so that the Specialized Agencies Convention could become applicable to, and binding on, each Specialized Agency. On a procedural level, it determines the unique structure of the Convention as a set of standard clauses and individual, modifying annexes. It regulates processes such as the approval by each Specialized Agency of the applicable annex; acceptance by each agency of the standard clauses as modified by the relevant annex; and application to each agency of the convention. Moreover, the provisions of Art. X confirm the binding legal character of obligations assumed by a Specialized Agency under the Convention. Art. X also contains rules that facilitate harmony within the regime of privileges and immunities of the Specialized Agencies. It recognizes the role of other sources of privileges and immunities, such as the headquarters arrangements, bilateral agreements, and constituent instruments of the Specialized Agencies. At the same time, the article resolves potential conflicts between the provisions of the Convention and these other sources by providing, in effect, that privileges and immunities derived from these sources take priority over privileges and immunities derived from the Convention itself.
Annex III—International Civil Aviation Organization (ICAO)
Authors: Augustin John V , Opolot Andrew 
Published: August 2024

Abstract
This chapter discusses Annex III of the Specialized Agencies Convention, which modifies the standard clauses of the Convention with regard to the International Civil Aviation Organization (ICAO). The Specialized Agencies Convention which includes Annex III, came into force on 2 December 1948. Annex III deals specifically with the privileges and immunities accorded to the President of the ICAO Council as well as to experts utilized by the Organization. At present, 114 States have indicated that they shall apply the provisions of the Specialized Agencies Convention and Annex III to ICAO while 12 State parties to that Convention have not. The remainder of the chapter covers the drafting history and key elements of Annex III.
Annex VII—World Health Organization (WHO)
Authors: Burci Gian Luca 
Published: August 2024

Abstract
This chapter discusses Annex VII of the Specialized Agencies Convention, which modifies some of the standard clauses of the Convention with regard to the structure, governance, and policies of the World Health Organization (WHO). Annex VII comprises a set of default provisions that may become applicable in case of lack of more specific obligations contained in bilateral agreements or national legislation. It is certainly the case of the participation of experts in meetings covered by host or conference agreements, or technical cooperation activities falling under dedicated basic or project agreements. The available archival material does not reveal any specific case falling under Annex VII. The remainder of the chapter discusses the drafting history and key elements of Annex VII.
Annex XV—World Intellectual Property Organization (WIPO)
Authors: Reinisch August 
Published: August 2024

Abstract
This chapter discusses Annex XV of the Specialized Agencies Convention, which modifies the application of the Convention in respect to the World Intellectual Property Organization (WIPO) in a similar fashion as other annexes do with regard to other Specialized Agencies. Annex XV provides for a number of additional privileges and immunities, not routinely applying by operation of the Convention itself. It accords the privileges, immunities, exemptions, and facilities referred to in Article VI, Section 21, of the standard clauses to the Deputy Directors General of the WIPO. Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for, the Organization are also accorded privileges and immunities so far as is necessary for the effective exercise of their functions, including immunity from personal arrest or seizure of their personal baggage and inviolability of all papers and documents relating to the work on which they are engaged for the Organization.
Investor-State Arbitration
Authors: Sabahi Borzu , Rubins Noah D , Wallace Jr 
Published: August 2024

Abstract
This second edition provides a fresh look at the legal framework for the protection of foreign investment. The chapters analyse some of the key issues surrounding this subject focusing on international arbitration between states and investors under bilateral investment treaties. Since the previous edition, major changes have taken place in this dynamic field. Proliferation of investment disputes and multi-billion-dollar arbitral awards have helped attract more attention to this technical field. The profound impact of the disputes and the shortcomings of the arbitration mechanism of investment treaties have also caused a global backlash, landing a spot for the reform of investor-state arbitration on the agenda of the United Nations Conference on International Trade Law. All chapters, therefore, have been revised to take into account these developments and the massive volume of jurisprudence and commentary on the subject of international investment arbitration since the first edition. The chapters carefully consider the latest theoretical approaches to foreign investment protection and the most intellectually challenging awards issued in the intervening decade, as well as the most recent practical guidance on the procedural recourse available to investors who face political risks.
Special Procedures: Applications and Motions
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter assesses five special procedures used in investment treaty arbitration: challenge of arbitrators; early dismissal of unmeritorious claims; interim measures; third party submissions; and consolidation. Challenge mechanisms allow the parties to a dispute to disqualify an arbitrator by demonstrating a reasonable objective concern that the arbitrator lacks the requisite independence or impartiality to serve. A request for interim relief is a method of obtaining temporary assistance from an arbitral tribunal until a final award is rendered. The parties to investment arbitration frequently request such relief to preserve their rights, conserve the status quo, and prevent aggravation of the dispute. Lastly, consolidation is the unification of two or more separate proceedings in a single arbitration, which is possible only in very limited circumstances.
Election of Forum: Treaty Arbitration, National Courts or Contract Arbitration
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter examines the three primary fora for the adjudication of investor-state disputes: the national courts where the investment is made; an arbitral forum that the parties may have selected by contract; and an investment treaty tribunal. It explains how fork in the road and waiver clauses operate. The more common type of fork in the road provision requires that the investor-claimant choose a forum at the outset of the dispute resolution process. A claimant’s commencement of national court litigation may preclude recourse to investment treaty arbitration at some later time and vice versa. Meanwhile, a growing number of investment treaties establish a different provision with respect to the choice of remedies, which has become known as the waiver approach: an investor must waive its rights to initiate or continue local litigation before it can file for treaty arbitration. Such waiver clauses prevent only a return to local courts once international arbitration has been selected.
Umbrella Clauses
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter focuses on umbrella clauses. Most investment treaties provide investors with a relatively standard set of protections, including the rights to national treatment, most-favoured-nation treatment, protection and security, fair and equitable treatment, and compensation for expropriation. Some treaties provide an additional layer of protection by specifically requiring host states to honour the commitments that they have undertaken vis-à-vis foreign investments. Known as ‘umbrella clauses’, these provisions appear to provide a route through which investors can seek to transform their contractual rights into treaty rights, although the interpretation and application of such clauses is one of the most controversial areas of substantive investment law. The tribunals remain divided on proper interpretation of the umbrella clauses, which is why it has been identified as one of the areas of concern by UNCITRAL Working Group III’s work on the reform of the ISDS.
Expropriation
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter addresses expropriation, which is the taking by a government of privately owned property. Such a taking is recognized as within the inherent power of a state over property located in its territory, and where the state expropriates its own citizens’ property, international law is not implicated. Indeed, regardless of whether the property expropriated is in foreign hands, expropriation is not per se wrongful under customary international law or investment treaties unless certain other conditions are present. The law of expropriation is concerned with the way states must treat foreign investment; expropriation is, in fact, a subset of the responsibility that a state has for injuries to nationals of another state. Issues of particular interest include the types of property protected from expropriation, either through the terms of a treaty or through customary international law; the boundary between normal government regulation and indirect expropriation; and the valuation of property that has been expropriated.
‘Fair and Equitable Treatment’, ‘Full Protection and Security’, and ‘War Clauses’
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter describes the standards of protection in modern investment treaty disputes: fair and equitable treatment (FET), full protection and security (FPS) and their relation to the minimum standard of treatment under customary international law; and war clauses. Faced with the broad FET provisions, investment arbitration tribunals have tried to attribute objective and concrete meaning to the term. A review of arbitral practice demonstrates several key points. First, violation of FET does not necessarily involve bad faith on the part of the state. Second, arbitrators tend to agree that the application of FET depends on the facts presented in a particular case. Third, a number of arbitral tribunals have recognized that states may be entitled to a margin of appreciation in exercising their regulatory powers. While FET targets affirmative action by the state, FPS relates primarily to the state’s failure to take action. Meanwhile, war clauses concern the treatment of foreign investors in times of civil disturbance and armed conflict.
Annulment, Set Aside, and Refusal to Enforce
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter discusses the procedures for challenging the validity of a final or interim arbitration award. The International Centre for Settlement of Investment Disputes (ICSID) Convention calls this procedure ‘annulment’, which takes place before a three-member arbitral tribunal known as an ad hoc or annulment committee. In a non-ICSID context, the parties may try to ‘set aside’ investment treaty arbitration awards at the seat of arbitration. The set aside proceedings are governed by the relevant legislation at the seat of arbitration, which normally adopts grounds for setting aside of the UNCITRAL Model Law on International Commercial Arbitration. National arbitration legislation, including those based on the UNCITRAL Model Law, also contain grounds for refusing enforcement of arbitral awards. The UNCITRAL Model Law grounds for refusal to enforce are almost identical to the grounds for set aside. However, a refusal to enforce, unlike the set aside that takes place at the seat, can take place in any jurisdiction where an award-creditor tries to enforce the award.
Introduction
Authors: Mossop Joanna 
Published: August 2024

AbstractThis introductory chapter describes the purpose and scope of the book. The goal is to focus on the legal issues that require coastal States to regulate activities on and above the continental shelf beyond 200 nm differently to those within 200 nm. It is also important that States with vessels navigating and conducting activities in the high seas above a coastal State’s continental shelf are aware of the extent to which coastal State regulations might appropriately limit such activities. The chapter briefly discusses the development of coastal State rights to the continental shelf. It outlines the provisions of Part VI of the Law of the Sea Convention (LOSC), relating to the continental shelf. The chapter then sets out the purpose and scope of the other chapters in the book.
The Development of Sovereign Rights to Continental Shelf Resources
Authors: Mossop Joanna 
Published: August 2024

AbstractThis chapter outlines the development of the continental shelf regime and addresses some fundamental questions about the nature of coastal State rights. It examines the historical development of the continental shelf regime from the Truman Proclamation, to the Convention on the Continental Shelf, to the Law of the Sea Convention (LOSC). It also sets out the historical basis for the inclusion of sedentary species in Part VI of the LOSC. The chapter then gives a brief overview of the process for the delineation of the outer limits of the continental shelf and the operation of the Commission on the Limits of the Continental Shelf (CLCS). The chapter argues that coastal States have rights to the resources of the continental shelf beyond 200 nm, independently of the issuance of any recommendations from the CLCS. Finally, it evaluates the status of articles 76 and 82 of the LOSC under customary international law.
Living Resources and Protection of the Environment on the Continental Shelf Beyond 200 Nautical Miles
Authors: Mossop Joanna 
Published: August 2024

AbstractThis chapter explores the issues that arise from coastal State rights over living resources on the continental shelf. As scientific understanding of the ecosystems of the continental shelf has increased, the international community has recognized the need to consider conservation and sustainable use of marine biodiversity. The chapter describes the range of environmental obligations on coastal States to preserve and protect the marine environment and to take procedural steps to ensure that activities on the continental shelf do not cause harm to another State or to the global commons. These obligations provide the context for discussing the issues involved with exploiting both living and non-living resources on the continental shelf beyond 200 nm. The chapter then discusses some of the challenges facing coastal States in managing and regulating activities focused on the living resources of the continental shelf, including bioprospecting and fishing.
Enforcement Powers of Coastal States in Relation to the Continental Shelf Beyond 200 Nautical Miles
Authors: Mossop Joanna 
Published: August 2024

AbstractThis chapter explains why coastal States have a right to enforce their regulations in relation to the continental shelf beyond 200 nm against foreign vessels on the high seas. It is well recognized in international law that enforcement jurisdiction may not always coexist with prescriptive jurisdiction. Although there is no explicit provision in the Law of the Sea Convention (LOSC) allowing for enforcement jurisdiction in relation to the continental shelf, the historical development of the continental shelf doctrine demonstrates that ‘sovereign rights’ were taken to include both legislative and enforcement rights. This approach is supported by limited State practice, and has been confirmed in recent international decisions.
Challenges to Successful Outcomes in Sexual Violence Cases
Authors: Jarvis Michelle , Vigneswaran Kate 
Published: August 2024

Abstract
This chapter explores how misconceptions about the nature of conflict-related sexual violence and barriers impeding victims from speaking out presented obstacles to overcome in successfully prosecuting sexual violence. Misconceptions, such as those that oversimplify matters or enforce certain prejudices, can impede accountability. Other challenges to a successful prosecution involve the reluctance of the victims to come forward due to societal pressures, the varied methods for addressing the issue on an international scope, among others. This chapter also describes how these obstacles, in combination with the broad discretion resting with individuals working on conflict-related atrocities, increased the complexity of establishing accountability for sexual violence crimes. Yet it is important to note that, despite the many obstacles discussed, such barriers are not impossible to overcome.