Introduction

Foreign investment plays an important role in the prosperity and development of many countries, especially less developed countries. Without mechanisms to protect such investments, however, investors are reluctant to take the risk and bring their resources in a legally and politically turbulent foreign country. To address such concerns, several mechanisms have been developed to reduce the uncertainties associated with investing in such countries by providing assurances and security to foreign investors. The right to direct investor-state arbitration is currently one of the most important examples of such mechanisms.

This research guide provides students of international investment law in general, and investor-state arbitration in particular, with information regarding some of the most important resources that a scholar or practitioner needs to guide his or her research in this increasingly important area of international law. This guide does not cover general sources of international law such as treaties or customs. It has been prepared based on the assumption that the users are familiar with the basics of public and private international law, including the law of treaties and conflict of laws.

If you have questions, please feel free to contact the Wolff Library reference desk at 202-662-4195 or by email: intlref@law.georgetown.edu. You may also submit your question via this online form.

Electronic Resources

Bibliographies

• Hague Academy of International Law: The most comprehensive specialized database for research on different aspects of international investment law is hosted by The Hague Academy of International Law. Equipped with a powerful search engine, this database is in the form of a bibliography and originally was prepared to facilitate the work of The Hague Academy's fellows in the 2004 seminar on New Aspects of International Investment Law. It is constantly updated.
  This database is available at http://www.peacepalacelibrary.nl/research-guides/economic-and-financial-law/foreign-direct-investment/#bibliography. A great majority of the materials that you find in that database are available in the Wolff International Library. Use the Library's catalog to locate these materials.
• ICSID Bibliography: International Centre for the Settlement of Investment Disputes (ICSID), which is the main arbitral institution currently administering investor-state arbitrations, also has a very useful bibliography.
  • http://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDBibliographyRH&actionVal=ViewArticleAndBooks

Online Case Reporters

Investor-state dispute resolution cases are found in several databases. For instance, you can find them in International Legal Materials (ILM) in Westlaw or Lexis. But, in line with the new transparency trend, most of these awards are currently available to the public free of charge through the following websites:

• ICSID website. This website only contains those awards that have been rendered in the context of arbitral proceedings administered by ICSID.
  • http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=ShowHome&pageName=Cases_Home.
• Investment Claims. Ian Laird, editor-in-chief. This website is published by Oxford University Press and contains all the public investment arbitration awards, whether administered by ICSID, other arbitral institutions, or ad hoc. It also contains other information available only to subscribers, including headnotes of investment treaty cases, which provide a brief a summary of each case. The headnotes also provide commentary on each case, explain how a case fits into the existing jurisprudence, and contain bibliographical references. The subscriber service also contains a search engine and a number of commentaries.
  • http://www.investmentclaims.com.
  • http://gull.georgetown.edu/record=e100569~S0. For subscriber access (Georgetown Law Only).
• Investment Treaty Arbitration Website. This website also contains all the public investment arbitration awards, whether administered by ICSID or by other arbitral institutions.
  • http://ita.law.uvic.ca
• NAFTA Claims,Todd Weiler,editor. This website contains all the awards as well as briefs of NAFTA Chapter 11 investor-state disputes.
  • http://naftaclaims.com
• NAFTA Government Website. These websites contain all NAFTA Chapter 11 awards and briefs, as well as information about other investment dispute agreements the governments are party to:
  • United States. http://www.state.gov/s/l/c3439.htm
  • Canada. http://www.international.gc.ca/trade-agreements-accords-commerciaux/disp-diff/nafta.aspx?lang=en&view=d
  • Mexico. http://www.economia.gob.mx

Online Legal Journals & Investment Arbitration-Related Databases

• Investment Claims. (Georgetown Law Only) This website is published by Oxford University Press. In addition, to containing all the public investment arbitration awards it also contains electronic versions of a number of Oxford books and articles about various aspects of international investment law under the "Commentaries" section.
• Kluwer Arbitration. (Georgetown Law Only) This database contains different cases, notes, book reviews and other information related to arbitration in general, including investment arbitration.
• Transnational Dispute Management (TDM). (Georgetown Law Only) Mark Kantor, Editor-in-Chief (founding editor the late Prof. Thomas W. Wälde). TDM "is comprehensive and innovative information service on the management of international disputes, with a focus on the rapidly evolving area of investment arbitration ..." This database contains information (articles, transcripts of speeches, discussions between professionals, book reviews, reports, etc.) regarding the most recent developments in the field of investor-state dispute settlement. The journal of the same name is also on the website. All material in the database is searchable.
  
• OGEMID Electronic Discussion List.(Georgetown Law Only) Maurice Mendelson, Moderator-in-Chief (formerly the late Prof. Thomas W. Wälde). "The OGEMID mailinglist (listserv) was started as a place for discussion, sharing of insights and intelligence, of relevant issues related in a significant way to international dispute management. This electronic discussion list has been set up...to provide professionals with a special interest in Oil-Gas-Energy-Mining and Infrastructure investment, legislative reform, contracting, arbitration and other forms of dispute management with a forum for peer discussion." "OGEMID brings together most of the world's experienced professionals in the field of international dispute management, mainly arbitration, mediation, negotiation, with a particular emphasis on investment disputes. OGEMID members are now the most up-to-date informed professionals in these fields." This discussion forum or listserv is one of the most interesting phenomena in the field of investment arbitration. Some of the most distinguished scholars and practitioners post messages on the listserv regarding the latest developments in the field. A searchable archive of the discussions on OGEMID for over eight years is available through the TDM site. This archive is can also be browsed by date or subject. This service is provided by the same institution that hosts TDM: see previous bullet point for access information.
• Investment Arbitration Reporter.(Georgetown Law Only) Luke Eric Peterson, Editor. IA Reporter is an electronic news service focused on international investment arbitration. The website contains a searchable archive of the periodic news service as well as some documents from investment arbitrations. News articles may also be browsed by subject.
• UNCTAD Course on Dispute Settlement. The United Nations Conference on Trade and Development (UNCTAD) has developed instructional modules on methods of resolving dispute in different fora (WTO, WIPO, ICSID, etc.). These modules are available online free of charge for educational purposes. For the purpose of this guide, the most relevant modules are those listed under number 2, International Centre for the Settlement of Investment Disputes.
  • http://r0.unctad.org/disputesettlement/course.htm
• UNCTAD International Investment Agreements (IIAs) Database. This database contains a host of useful information on various aspects of international investment law ranging from studies on evolution of investment treaties to those dealing with the content of specific standards of protection in investment treaties such as fair and equitable treatment.
  • http://www.unctad.org/Templates/StartPage.asp?intItemID=2310&lang=1
• British Institute of International and Comparative Law. N. Jansen Calamita, Director. The BIICL’s Investment Treaty Forum was “established [as] a centre for investment treaty research and policy discussion.” Its website provides useful information such as various award summaries and some research papers.
• • http://www.biicl.org/itf/

Online Treaty & Law Databases

• UNCTAD Database.
• This database contains the majority of bilateral investment treaties which have been signed, including a number which have not yet entered into force (more than 2,500). Bilateral treaties are listed by country. Additionally, a compendium of investment agreements, including bilateral and multilateral treaties and prototype instruments, is searchable.
  • http://www.unctadxi.org/templates/DocSearch.aspx?id=779 (bilateral treaties)
• • http://www.unctadxi.org/templates/DocSearch.aspx?id=780 (searchable documents)
• OECD Website and OECD iLibrary. (Georgetown Law Only) The OECD iLIbrary database “contains all the publications and datasets released by OECD (Organisation for Economic Cooperation and Development)”.
• International Law in Brief. This service is provided by the American Society of International Law and provides free periodical newsletters containing summaries of the the most recent cases of international law including, investment arbitration cases.
• • http://www.asil.org/ilibmenu.cfm
• United States Trade Representative (USTR). The USTR website contains information regarding U.S. BITs, FTAs, and other investment and trade-related treaties, whether existing or under negotiation. In order access the information regarding U.S. BITs, click on "Trade Agreements" and choose "Bilateral Investment Treaties" from the drop-down menu.
  • http://www.ustr.gov/
• Lexis.(Georgetown Law Only) [Legal > Area of Law - by Topic > International Law > Treaties & International Agreements].
• Westlaw.[ICA-TREATIES database] (Georgetown Law Only) These are select international commercial arbitration treaties.
  

Commentary on Draft Articles on Responsibility of States for Internationally Wrongful Acts

This is available online in PDF. After almost four decades of discussion, the UN International Law Commission adopted these articles in 2001. It is widely recognized that these articles codify the customary law on state responsibility. They are also available in hardcopy in the Wolff International Library. See The International Law Commission's Articles on State Responsibility: Introduction, Text, and Commentaries INTL K967 .U55 2002.

Specialized Journals

• The American Review of International Arbitration INTL K1 .M85. This is also available online (Georgetown Law Only).
• Arbitration International INTL K1 .R17. This is also available online (Georgetown Law Only).
• ICSID Review - Foreign Investment Law Journal INTL K9 .C55.
• Journal of International Arbitration INTL K10 .O3955. This is also available online (Georgetown Law Only).
• The Journal of World Investment & Trade INTL K10 .O8997.
• Stockholm International Arbitration Review INTL KKV485.P76 A13.
• Year Book on International Investment Law and Policy INTL K3830 .Y427.

Other Journals

• The American Journal of International Law INTL K1 .M44. This is also available online (Georgetown Law Only).
• The British Year Book of International Law INTL KZ21 .B7. This is also available online (Georgetown Law Only).
• Columbia Journal of Transnational Law INTL K3.O415. This is also available online (Georgetown Law Only).
• Georgetown Journal of International Law INTL K7.E483. This is also available online (Georgetown Law Only).

Books, References and Case Reporters

Books

• Investor-State Arbitration (2008) K3830 .I6849 2008.
• Compensation and Restitution in Investor-State Arbitration: Principles and Practice (2011) INTL K3830 .S23 2011. This is also available online(Georgetown Law only).
• The Impact of Investment Treaties on Contracts between Host States and Foreign Investors (2011) INTL K3830 .V67 2011.
• The Evolving International Investment Regime: Expectations, Realities, Options (2011) INTL K3829.8 .C648 2007.
• Guide to ICSID Arbitration (2011) INTL K3834 .R44 2011.
• Sustainable Development in World Investment Law (2011) INTL K3830 .S87 2011.
• 'Fair and Equitable Treatment' in International Investment Law (2011) INTL K2400 .K53 2011.
• Arbitration under International Investment Agreements: A Guide to the Key Issues (2010) INTL K3830 .A75 2010.
• The International Law on Foreign Investment (2010) INTL K3830.4 .S67 2010. An older edition is also available online (Georgetown Law only).
• The Backlash against Investment Arbitration: Perceptions and Reality (2010) INTL K3830 .B33 2010.
• Substantive Law in Investment Treaty Arbitration: The Unsettled Relationship between International Law and Municipal Law (2010) INTL K3830 .S27 2010.
• The Law of Investment Treaties (2010) INTL K3830 .S25 2010.
• International Investment Law for the 21st Century:Essays in Honour of Christoph Schreuer (2009) This is available online(Georgetown Law only).
• Human Rights in International Investment Law and Arbitration (2009) INTL K3830 .H86 2009.This is also available online(Georgetown Law only).
• Calculation of Compensation and Damages in International Investment Law (2009) INTL K3830 .M37 2009.
• State Liability in Investment Arbitration (2009) INTL K3830 .M66 2009.
• Investment Treaty Law: Current Issues III (2009) INTL K3830 .I582 2009.
• Chinese Investment Treaties: Policies and Practice (2009) INTL K3830 .G352 2009.
• U.S. International Investment Agreements (2009) INTL KF1575 .V365 2009.
• Law and Practice of Investment Treaties: Standards of Treatment (2009) INTL K3830 .N49 2009.
• The Multilateralization of International Investment Law (2009) INTL K3830 .S343 2009.
• Damages in International Investment Law (2008) INTL K3830 .R57 2008.
• State Entities in International Arbitration (2008) INTL K2400 .A6 I253 2005
• Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence (2008) K2400 .K363 2008.
• Principles of International Investment Law (2008) K3830 .D65 2008.
• International Investment Arbitration: Substantive Principles (2007) K3830 .M45 2007.
• New Aspects of International Investment Law (2007) INTL K3830.4 .A92 2007.
• Investment Arbitration in Eastern Europe: In Search of a Definition of Expropriation (2007) INTL KJC5772 .H63 2007.
• Investment Treaty Arbitration and Public Law (2007) INTL K3830 .V36 2007. This is also availableonline(Georgetown Law only).
• Investment Arbitration and the Energy Charter Treaty (2006) INTL K3981 .I58 2006.
• Legal Framework for the Admission of FDI (2006) INTL K3830 .P65 2006.
• Denial of Justice in International Law (2005) INTL K967 .P38 2005.
• Foreign Investment Disputes: Cases, Materials and Commentary (2005) INTL K3830 .B57 2005
• International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law (2005) INTL K3834 .I58 2005.
• NAFTA Investment Law and Arbitration: Past Issues, Current Practice, Future Prospects (2004) INTL KDZ744 .N34 2004.
• Arbitrating Foreign Investment Disputes (2004) INTL K3830 .A73 2004.
• Annulment of ICSID Awards (2004) INTL K3834 .A56 2004.
• Bilateral Investment Treaties (1995) INTL K3829 .D75 1995.
• General Principles of Law as Applied by International Courts and Tribunals (1953) INTL KZ3225 .A33 C45 1953.

References

• The ICSID Convention: A Commentary (2009) INTL K3834 .A41965 S37 2009.
• The Oxford Handbook of International Investment Law (2008) INTL REF K3830 .O94 2008.
• Investment Disputes under NAFTA: An Annotated Guide to NAFTA Chapter 11 (2006) ) INTL K3830 .K455 2006. This print publication is updated regularly.
• Investment Promotion and Protection Treaties (1983-) INTL K1112 .A49 I58. This print publication is updated regularly.
• Recueil des Cours: Collected Courses of the Hague Academy of International Law (1923-) INTL KZ24 .H35 R43. This is also available online (Georgetown Law only).
  This valuable collection contains the teaching of some of the most prominent international law scholars and practitioners on different aspects of international law (public and private) in English and French. It covers a broader range of topics than is relevant for the study of international investment law, but it contains several different lectures on various topics of interest for international investment law scholars and practitioners. You can search for relevant topics in the bibliographic references in hardcopy, or you can search the online version or browse by subject.

Case Reporters

• ICSID Reports: Reports of Cases Decided under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1993-) INTL K3834 .A495 I56. This print publication is updated regularly. This is also available online (Georgetown Law only). This print publication is updated regularly.
• Iran-United States Claims Tribunal Reports INTL KZ238 .I7 I73. Also available through Westlaw [INT-IRAN database] (Georgetown Law Only).
• See also the following books which summarize the jurisprudence of the Iran-U.S. Claims Tribunal:
  • The Iran-United States Claims Tribunal INTL KZ238 .I7 B76 1998.
  • The Jurisprudence of the Iran-United States Claims Tribunal INTL KZ238 .I7 A43 1996.
• Older case reporters such as the United Nations' Reports of International Arbitral Awards INTL KZ200 .A25, this is also available online (Georgetown Law Only), Moore's History and Digest of the International Arbitrations to which the United States has Been a Party INTL KZ183.2 .A2 1995r, also available online (Georgetown Law Only) and other older reporters.