CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ REASSERTIONOF CONTROL OVER THE INVESTMENT TREATY REGIME INTERPRETATION To assess briefly a book’s contribution to debates on ”reassertion of control” over the field of international investment law, there are a couple of issues to mention. Together with well- known mechanisms such as early dismissal of unfounded claims or annulment and setting aside proceedings, the book brings into the debate some new elements which foster the role of the Contracting Parties. To name one example: State-to-State arbitration which “inheres a considerable potential for the Contracting Parties to reassert control” (p. 128). Another noteworthy aspect is the attention devoted by several authors in a number of contributions (Chapters 7, 9, 10, 12, 13) on future and current fair and equitable treatment (FET) provisions which currently constitute the most frequently invoked investment protection standard in investment arbitrations. 3 Attempts to redefine and re-formulate the specific content of FET can however introduce “an element of unpredictability” (p. 316). For this reason, the focus at this development is welcoming because it helps a reader to embrace the complexity of States’ actions and possible unintended consequences of reassertion. The book attempts to analyse in comprehensive way and from various perspectives a trend which significantly shapes today’s international investment law. It will definitely be of value to academics and practitioners of international law.

Ondřej Svoboda*

3 UNCTAD, ‘Fair and Equitable Treatment. UNCTAD Series on Issues in International Investment Agreements II’ [2012] 10. * Mgr. Bc. Ondřej Svoboda serves as an officer at the Unit of International Law of the Ministry of Industry and Trade of the Czech Republic and is involved in teaching public international law at the Faculty of Law of Charles University as a PhD candidate. His main fields of interests include international investment law, WTO law and the EU Common commercial policy.

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