Synopsis
The second edition of International Investment, Political Risk and Dispute Resolution explores the multi-layered legal framework for the protection of foreign investment against political risk. The authors expertly analyse some of the key issues surrounding this subject, such as structuring transactions to minimize political risk, political risk insurance, state responsibility, treaties protecting foreign investment and human rights, and international arbitration between states and investors.
Since the previous edition was released in 2005, far more attention has been paid to these issues, in particular investor-state arbitration, as well as other current topics such as the interaction between international investment law and human rights. All chapters have been revised to take into account the number of new arbitration awards that have come to light and the massive volume of commentary on the subject of international investment arbitration since the first edition. The authors have carefully considered 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. Additionally, this book contains a new chapter exploring the interaction between international investment law and the international human rights regime and considers whether there is a complementary or divergent result between competing fora.
This book is addressed to a wide audience, and is suitable as a primer for non-specialist practitioners seeking to familiarize themselves with international law pertaining to political risk. While appropriate for practitioner use, this book is also suitable for undergraduate students or for graduates who intend to specialize in international investment law.
About the Author
Noah Rubins, Partner, Freshfields Bruckhaus Deringer, Thomas Nektarios Papanastasiou, Assistant Professor in Law, Neapolis University, Pafos, N. Stephen Kinsella, Partner, Sidley Austin LLP
Noah Rubins is the head of the Paris arbitration group at Freshfields Bruckhaus Deringer LLP. Educated at Brown University, Harvard Law School and the Fletcher School of Law and Diplomacy, he is admitted to practice in New York, Texas and the District of Columbia, and is also a Barrister of England & Wales. Noah has served as counsel and arbitrator in more than 150 disputes over 20 years of practice, with a particular focus on energy, mining and infrastructure. A fluent Russian speaker, he is recognized as a leading expert in political risk and dispute resolution in the former USSR. Before qualifying as a lawyer, Noah served as a US diplomat in Russia and worked in the NGO sector in Kyrgyzstan.
Thomas Nektarios Papanastasiou is an assistant professor of public international law at the Law Faculty of Neapolis University of Paphos (Cyprus) and an attorney licensed to practice with the Athens Bar. He holds a PhD and an MA from Waseda University of Tokyo, and an LL.M and LL.B from the Kapodistrian University of Athens. Thomas has worked as a consultant to international organizations and consulting firms in Japan and Europe. His publications include: The Legal Protection of Foreign Investments against Political Risk: Japanese Business in the Asian Energy Sector (Quid Pro Books, 2015), which was awarded with the 2013 Arghyrios Fatouros Prize by the International Law Association (Hellenic Branch), as the best dissertation by a young scholar in the field of International Economic Law; and Corruption in the Infrastructure Provision: The Role of Accountability Mechanisms in the Community Driven Development Projects of Indonesia (NOVA Publishers, 2016).
N. Stephan Kinsella practices law in Houston, Texas. He was General Counsel for Applied Optoelectronics, Inc. and a partner in the Intellectual Property Practice Group of Duane Morris LLP. His publications include Louisiana Civil Law Dictionary (2011); Online Contract Formation (2004); Digest of Commercial Laws of the World (1998-2011); Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk (1997); and Trademark Practice & Forms (1998-2013). He received an LL.M. in international business law from King's College London, a JD from the Paul M. Hebert Law Center-Louisiana State University, and MS EE and BS EE degrees from Louisiana State University.
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