Substantive Law in Investment Treaty Arbitration
The Unsettled Relationship Between International Law and Municipal Law
By: Monique Sasson
About This Book
Preface --List of Abbreviations --Introduction: The Unsettled Relationship Between International Law and Municipal Law --Attribution under the Law of State Responsibility --Article 42 of the ICSID Convention and the Relationship Between International Law and Municipal Law --Investor Nationality under Municipal and International Law --From Property to Investment --Shareholders' Rights --Treaty Versus Contract Claims, and Umbrella Clauses: When a Contract Breach May Become a Treaty Breach --The Unsettled Relationship Between International and Municipal Law --Appendices.
AI Overview
Overview of "Substantive Law in Investment Treaty Arbitration" by Monique Sasson
Key Themes:
- Role of Municipal Law: The book focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders' rights in the context of international investment treaty arbitration.
- Interaction Between International and Municipal Law: It explores the complex relationship between international law and municipal law, highlighting the need for a nuanced approach to address the interplay between these two legal systems.
- Investment Treaty Arbitration: The book delves into the challenges and complexities of investment treaty arbitration, particularly in cases where municipal law supplies the necessary substantive legal rules.
Plot Summary: The book provides a detailed analysis of the relationship between municipal law and international law in investment treaty arbitration. It addresses key matters of substantive law, including contracts, property rights, and shareholders' rights, which are relevant in the international investment treaty context but are not regulated under international law. The author maintains the overall structure of the first edition and adds a new chapter on Article 42 of the International Centre for Settlement of Investment Disputes Convention.
Critical Reception:
- Positive Reception: The book has been praised for its clear analysis of previously unexplored aspects of investment arbitration. It is considered a pre-eminent work on the role of municipal law in investment treaty arbitration, providing a systematic approach to the interplay of municipal and international law in investment disputes.
- Scholarly Value: The author's analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration is seen as highly valuable for arbitrators, arbitration counsel, corporate counsel, and scholars of international law.
- Book Review: A book review highlights Monique Sasson's effort in formulating a theory to govern the relationship between municipal and international law in the area of investment arbitration, acknowledging the complexity and difficulty of this task.
In summary, "Substantive Law in Investment Treaty Arbitration" by Monique Sasson offers a comprehensive and systematic analysis of the relationship between municipal and international law in the context of investment treaty arbitration. It is a valuable resource for those involved in this complex field, providing insights into the role of municipal law and the challenges of applying international law in investment disputes.