International Investment Law and Soft Law

International Investment Law and Soft Law

Edited by Andrea K. Bjorklund and August Reinisch

This important book examines the development of soft law instruments in international investment law and the feasibility of a ‘codification’ of the present state of this field of international economic law.

Chapter 1: Introduction: The ILA Study Group on the Role of Soft Law Instruments in International Investment Law

Andrea K. Bjorklund and August Reinisch

Subjects: law - academic, international economic law, trade law, international investment law

Extract

1 Andrea K. Bjorklund and August Reinisch The Study Group was established by the International Law Association (ILA) Executive Council in November 2008 for a three-year period with the express mandate ‘to study the development of soft law instruments in international investment law and the feasibility of a ‘‘codification’’ of the present state of this field of international economic law’. The Executive Council appointed Sir Franklin Berman (UK ILA Branch) as Chairman, as well as Andrea K Bjorklund (US ILA Branch) and August Reinisch (Austrian ILA Branch) as Co-Rapporteurs of the Study Group. As of Spring 2010, further members of the Group were Yas Banifatemi (French ILA Branch), Giuditta Cordero-Moss (Norwegian ILA Branch), Melaku Desta (UK ILA Branch), Moshe Hirsch (Israeli ILA Branch), Daniel Magraw (US ILA Branch), Kate Miles (Australian ILA Branch), Audley Sheppard (UK ILA Branch), Christian Tietje (German ILA Branch), Matthew Weiniger (UK ILA Branch), Catherine Yannaca-Small (Greek ILA Branch), Andreas Ziegler (Swiss ILA Branch). The establishment of the Study Group was initiated by a proposal elaborated jointly by Thomas Walde (deceased, formerly UK ILA ¨ Branch) and August Reinisch after the ILA Committee on the International Law on Foreign Investment had come to an end at the Rio Conference in 2008. It had concluded its work with the publication of the Oxford Handbook on International Investment Law,2 which addressed major issues of both substantive and procedural investment law. In the The bulk of this introduction was presented as the Study Group’s interim report at the...