Short Introduction
This book review is written for the Handbook of International Investment Law and Policy, co-edited by Julien Chaisse, Leïla Choukrone and Sufian Jusoh (the "Handbook"). It summarizes the structure and outline of the Handbook, praises it for its comprehensiveness and value of encouraging engagement, but also points out some criticism that the Handbook may incur.
The Handbook of International Investment Law and Policy (the "Handbook"), co-edited by Julien Chaisse, Leïla Choukrone and Sufian Jusoh, is intended as a comprehensive introduction to all facets of international investment law and policy, with emphasis on Global South related issues and developments. This is evident from the structure and content of the Handbook.
The Handbook contains one hundred and twenty-four (124) chapters, which address an array of issues. Broadly, its content can be classified under the following categories:
(i) Fundamental Concepts of International Investment Law: The first category includes chapters that familiarize the audience with the vocabulary of international investment law. These include discussions on essential concepts such as the meaning of "investor" and "investment", and the interpretation of common treaty standards (such as Fair and Equitable Treatment and National Treatment Obligation).
(ii) Emerging Issues: The second category includes chapters that build upon a foundational understanding of international investment law and delve into issues of relatively recent origin. These include discussions on issues such as counterclaims by host states, human rights and environmental issues in investment law, and protection of cultural heritage.
(iii) Investor-State Arbitration, Mediation and Conciliation: The third category of chapters steers the discussion towards the procedural framework for enforcement of substantive treaty obligations. While most chapters focus on investor-state arbitration (for instance, Arbitral Procedure: Case Management and Selecting the Place of Arbitration), there is ample discussion on issues relating to mediation and conciliation (for instance, Past and Future of Mediation for Investment Disputes: The Case for the Asia-Pacific Regional Mediation Organization (ARMO)).
(iv) Issues of Regional Significance: Consistent with its objective of focusing on the Global South, the fourth category includes chapters that discuss issues of regional significance. While the primary emphasis remains on Asia (for instance, China's changing attitude towards ISDS and mapping Bangladesh's ISDS regime), there are also discussions on the evolution of international investment agreements in Africa and intra-Latin-America investor-state dispute settlement.
(v) Intersection of International Investment Law with Other Disciplines: The fifth category includes chapters that refuse to view issues of international investment law as isolated silos. These include discussions on investment law concepts that intersect with taxation law, intellectual property law, and competition law, among other disciplines.
(vi) Policy Issues Relating to International Investment Law: The sixth category contains chapters that explore the policy underpinnings of international investment law, and how this field interacts with national and/or regional policy issues. This is exemplified by discussions about the policy role of investment protection agencies, the implications of local content policies on international investment law, and if international investment law can contribute to the development of the rule of law within the European Union.
In a nutshell, the Handbook contains something from the ocean and something from the hills. It takes into consideration the potentially differing interests of the community of stakeholders of the international investment law ecosystem; be they students, practitioners, academics, tribunal-secretaries, arbitrators, or policymakers. Further, the analysis in each chapter, though not always extensive, is clear and cogent. While one may disagree with a specific analysis, it nonetheless serves as a valuable starting point for those keen to familiarize themselves with this field. To this extent, the Handbook succeeds in accomplishing its objective.
