Julie Maupin

Max Planck Institute for Comparative Public Law and International Law | MPIL

In 2013 ,the Institut de Droit International released its Tokyo Resolution on the 'Legal Aspects of Recourse to Arbitration by an Investor Against the Authorities of the Host State under Inter-State Treaties'. In this essay, we analyze the contents of the resolution and explore the lessons they hold for the future of investor-state dispute settleme...

Can investor-state arbitration tribunals, which exercise jurisdiction over limited claims involving discrete parties, render awards that deliver individualized justice while also promoting systemic fairness, predictability and coherence? The answer, I argue, is a qualified yes – provided that the methods employed are tailored to the particular char...

Relative to the past policies of its Member States, will the European Union’s new comprehensive international investment policy constitute a step forward, a step backward, or a perpetuation of the status quo? Professor Reinisch’s contribution to this volume opens a wide window on the current state of the debate. His cogent analysis suggests that, a...

Members of the invisible college of international investment lawyers are engaged in a fierce battle over the conceptual foundations of their common legal enterprise. The debate centers on whether the international legal regime governing foreign direct investment is a de facto transnational public governance system or merely an institutional support...

How transparent is the international investment law regime, and how transparent should it be? Most studies approach these questions from one of two competing premises. One camp maintains that the existing regime is opaque and should be made completely transparent; the other finds the regime sufficiently transparent and worries that any further tran...

Most-favored nation (MFN) clauses are a hotly contested basis for jurisdiction in investment arbitration. This article categorizes the divergent approaches taken by 17 arbitral tribunals to date, revealing the major types of MFN clauses interpreted, the key types of MFN questions confronted and the primary reasons cited for either upholding or deny...

Both the original arbitral tribunal and the ad hoc annulment committee in the case of Wena v. Egypt failed to respect the ICSID Convention’s article 48 requirement to state the reasons upon which an investor-state arbitration award is based. This chapter demonstrates how these failures led to further disputes and unsatisfactory outcomes for the dis...