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The mechanism of international investment arbitration developed within public international law, as one of its oldest and most central disciplines. In recent decades, much attention has been paid to the astonishing evolution of the field. By contrast, the relationship between international investment arbitration and private international law (including private law in general) has received relatively little consideration.
The modern international investment claims regime faces several proposals for reform, mainly directing their criticism toward the current practice of arbitration. However, a core issue remains unaddressed in most of these reform discussions, namely: the nature of the substantive law applicable to foreign investments. An adjudicator, whoever and however appointed, is limited in their ability to produce reliable precedent in the absence of an appropriate substantive regulatory framework.
This book takes no position regarding the question of the optimal dispute resolution mechanism or the avenues of reform for international investment claims, and instead focuses on the critical matter of the applicable substantive law, with its intricacies, complexities and nuances. Given that there is no realistic hope for the negotiation, much less the ratification, of a universal instrument to comprehensively deal with this matter, focus can and must shift to current evolution in relevant areas of law related to foreign investments.
Impressive developments in public and private international law, and in international arbitration, already exist today that, taken as a whole, are conducive to a more appropriate handling of the substantive law applicable to foreign investments. However, better interdisciplinary dialogue is needed. Hopefully, this book will make a case in favor of that necessity.
The modern international investment claims regime faces several proposals for reform, mainly directing their criticism toward the current practice of arbitration. However, a core issue remains unaddressed in most of these reform discussions, namely: the nature of the substantive law applicable to foreign investments. An adjudicator, whoever and however appointed, is limited in their ability to produce reliable precedent in the absence of an appropriate substantive regulatory framework.
This book takes no position regarding the question of the optimal dispute resolution mechanism or the avenues of reform for international investment claims, and instead focuses on the critical matter of the applicable substantive law, with its intricacies, complexities and nuances. Given that there is no realistic hope for the negotiation, much less the ratification, of a universal instrument to comprehensively deal with this matter, focus can and must shift to current evolution in relevant areas of law related to foreign investments.
Impressive developments in public and private international law, and in international arbitration, already exist today that, taken as a whole, are conducive to a more appropriate handling of the substantive law applicable to foreign investments. However, better interdisciplinary dialogue is needed. Hopefully, this book will make a case in favor of that necessity.
Price: $199.00
Publisher: Brill
Imprint: Brill | Nijhoff
Series: Collected Courses of The Hague Academy of International Law - Recueil des cours
Publication Date:
26 June 2023
ISBN: 9789004544628
Format: Hardcover
José Antonio Moreno Rodríguez was born on 14 November 1966, in Asunción, Paraguay. He studied at the National University of Asunción (1990, Law Degree; 1995, Doctor in Law summa cum laude) and at Harvard University (1993, LLM, thesis supervised by Professor Emeritus Arthur Taylor von Mehren).
Dr Moreno Rodríguez is a Founding Partner of Altra Legal, and is President of the Centro de Estudios de Derecho, Economía y Política (CEDEP), co-organizing the International Academy of Comparative Law General Congress (2022) and the Hague Academy External Programme (2023).
He is a member of the Arbitration Court of the International Chamber of Commerce (ICC), the Permanent Court of Arbitration (PCA), the International Centre for Settlement of Investment Disputes (ICSID) Panel of Arbitrators and the Court of Arbitration for Sport (CAS) in the general and football lists. He acts regularly as an arbitrator before these bodies.
Dr Moreno Rodríguez is the President of the Inter-American Juridical Committee of the Organization of American States (OAS), Rapporteur of its Guide on the Law Applicable to International Commercial Contracts in the Americas (2019) and Rapporteur of its future Guide on the Applicable Law to Investment Arbitration.
He is also a member of the UNIDROIT Governing Council and Chair of the UNIDROIT Working Group on the topic of Agricultural Land Investment Contracts. Dr Moreno Rodríguez was a delegate at the Thirty-Ninth Session of the United Nations Commission on International Trade Law (UNCITRAL, 2006), at which the amendments to the Model Law on International Commercial Arbitration were approved. He was also a delegate before the OAS for the VII Inter-American Specialized Conference on Private International Law (CIDIP VII), the expert of the Working Group on the Hague Principles on Choice of Law in International Commercial Contracts (2010-2015), acted as a representative before the Special Commission of the Hague Conference on Private International Law, where he led the drafting of the instrument on the applicable law to international contracts, and authored and introduced to the legislature Paraguay’s pioneering Law 5395/2015
(“Regarding the Applicable Law to International Contracts”).
Dr Moreno Rodríguez has been a Professor at Heidelberg University in the International Law, Investments and Trade LL.M program and a Visiting Professor at Paris Pantheón-Assas University, among other institutions. He continues to teach undergraduate and graduate courses in Paraguay and lectures at numerous conferences on dispute resolution and international commercial and financial law.
Dr Moreno Rodríguez is the former President and Secretary-General of the American Association of Private International Law (ASADIP), former President of the Instituto Paraguayo de Derecho Bancario (IPDBS) and the former ad honorem Legal Advisor to the Ministry of Foreign Affairs of Paraguay in matters of public international law related to the National Boundary Commission. He is the recipient of the Rosalba Medal, awarded by the Secretariat of the Permanent Tribunal of Revision of the MERCOSUR, for his work on international law.
Dr Moreno Rodríguez is a Founding Partner of Altra Legal, and is President of the Centro de Estudios de Derecho, Economía y Política (CEDEP), co-organizing the International Academy of Comparative Law General Congress (2022) and the Hague Academy External Programme (2023).
He is a member of the Arbitration Court of the International Chamber of Commerce (ICC), the Permanent Court of Arbitration (PCA), the International Centre for Settlement of Investment Disputes (ICSID) Panel of Arbitrators and the Court of Arbitration for Sport (CAS) in the general and football lists. He acts regularly as an arbitrator before these bodies.
Dr Moreno Rodríguez is the President of the Inter-American Juridical Committee of the Organization of American States (OAS), Rapporteur of its Guide on the Law Applicable to International Commercial Contracts in the Americas (2019) and Rapporteur of its future Guide on the Applicable Law to Investment Arbitration.
He is also a member of the UNIDROIT Governing Council and Chair of the UNIDROIT Working Group on the topic of Agricultural Land Investment Contracts. Dr Moreno Rodríguez was a delegate at the Thirty-Ninth Session of the United Nations Commission on International Trade Law (UNCITRAL, 2006), at which the amendments to the Model Law on International Commercial Arbitration were approved. He was also a delegate before the OAS for the VII Inter-American Specialized Conference on Private International Law (CIDIP VII), the expert of the Working Group on the Hague Principles on Choice of Law in International Commercial Contracts (2010-2015), acted as a representative before the Special Commission of the Hague Conference on Private International Law, where he led the drafting of the instrument on the applicable law to international contracts, and authored and introduced to the legislature Paraguay’s pioneering Law 5395/2015
(“Regarding the Applicable Law to International Contracts”).
Dr Moreno Rodríguez has been a Professor at Heidelberg University in the International Law, Investments and Trade LL.M program and a Visiting Professor at Paris Pantheón-Assas University, among other institutions. He continues to teach undergraduate and graduate courses in Paraguay and lectures at numerous conferences on dispute resolution and international commercial and financial law.
Dr Moreno Rodríguez is the former President and Secretary-General of the American Association of Private International Law (ASADIP), former President of the Instituto Paraguayo de Derecho Bancario (IPDBS) and the former ad honorem Legal Advisor to the Ministry of Foreign Affairs of Paraguay in matters of public international law related to the National Boundary Commission. He is the recipient of the Rosalba Medal, awarded by the Secretariat of the Permanent Tribunal of Revision of the MERCOSUR, for his work on international law.