TOWARD A COMPLEMENTARY USE OF CONCILIATION IN INVESTOR-STATE DISPUTES-A PRELIMINARY SKETCH

Jack J. Coe, Jr.

n recent years, ADR has received success in the private commercial setting and in inter-state conciliation. Coe's article considers how the conciliation between a state, or state entity, and a private investor complements arbitration more systematically and routinely. The focus is placed on the NAFTA Chapter Eleven machinery, with a general discussion on investor-state arbitration. Coe proposes several ways to make conciliation more effective and widely used, and opens further discussion on how to promote the strengths of conciliation. © Jack J. Coe, Jr.

THE NATURE AND ENFORCEMENT OF INVESTOR RIGHTS UNDER INVESTMENT TREATIES: DO INVESTMENT TREATIES HAVE A BRIGHT FUTURE

Susan D. Franck

With the surging number of investment treaties and expansion of investor rights and remedies, the number of disputes has increased. This article is concerned with what the future hold for investment treaties arising from the inconsistency in some treaty provisions. Franck explains why these inconsistencies are more challenging in the modern context, and summarizes a framework for considering the best way to address problems created by these inconsistencies in investment arbitration. By using structural safeguards, a Sovereign can be built on a more reliable basis. © Susan D. Franck

THE INFLUENCE OF NAFTA CHAPTER 11 IN THE BIT LANDSCAPE

Meg Kinnear & Robin Hansen

Since the enforcement of NAFTA, Chapter 11 has contributed to the evolution of international investment law in many facets. The article reviews the historical context and general results of Chapter 11. Using Article 1102, 1105 and 1110 as examples, the authors analyzed Chapter 11’s impact on the development of international investment law and procedure. Finally, they suggest the next generation of BITs is likely to be more consistent with U.S. and Canadian Model BIT and consolidate the contributions of NAFTA to international law. © Meg Kinnear & Robin Hansen

BENEFITING FROM EXPERIENCE: DEVELOPMENTS IN THE UNITED STATES' MOST RECENT INVESTMENT AGREEMENTS

Andrea J. Menaker

The U.S. remains committed to the institution of investor-State arbitration although the number of claims submitted against it under NAFTA Chapter 11 is increasing. Since 2004, the U.S. has revised and signed multiple treaties, which embodies changes that reflect the negotiating objectives in the TPAA of 2002. In general, Menaker summarized several significant changes including the clarification of standards of some substantive provisions, modifications to promote transparency, improvement of efficiency and deterrence of frivolous claims, as well as consistency in interpretations of investment provisions across agreements. © Andrea J. Menaker

WHY DO DEVELOPING COUNTRIES SIGN BITS?

Deborah L. Swenson

The developing countries sign BITs to attract foreign investment. Based on the statistics of the 1990s, this article addresses which developing countries signed BITs, and whether the evidence that BIT signing was influenced by the desires of existing foreign investors. The author also advanced the debate regarding whether the signing of BITs enable developing counties to attract a higher level of foreign investment, and concluded the factors influence the benefits of country decisions to enter into BITs. © Deborah L. Swenson
© Berta Esperanza Hernández-Truyol

A BRIEF HISTORY OF INTERNATIONAL INVESTMENT AGREEMENTS

Kenneth J. Vandevelde

There exist more than 2500 agreements relating to the protection or liberalization of foreign investment. This article separates the history of these international investment agreements into 3 eras: the Colonial Era, the Post–Colonial Era, and the Global Era. Looking forward, the future of investment agreement is towards an increasingly universal regime through the removal of investment barriers and the protection of established investment. © Kenneth J. Vandevelde

ARE BITS SUCH A BRIGHT IDEA? EXPLORING THE IDEATIONAL BASIS OF INVESTMENT TREATY ENTHUSIASM

Jason Webb Yackee

To explain the broad scope and sudden increase of BITs over the past two decades, Yackee’s article reviews the recent development on comparative political economy to introduce an ideational approach to understanding the adoption of public policy; then he applies the approach to examine the idea change within developing countries, and noted the important implications of the ideational approach for the future of BITs. © Jason Webb Yackee
© Berta Esperanza Hernández-Truyol