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Mr. Jose E. Alvarez

Mr. José E. Alvarez
Herbert and Rose Rubin Professor of International Law
New York University School of Law

Biography Biography in PDF format



International Economic Law
Foreign Investment
An Introduction to the Evolving International Investment Regime
Part I: Introduction
Video | Audio
   (16/6/2011, 26 minutes)

Part II: Comparing Dispute Settlement Mechanisms
Video | Audio
(16/6/2011, 35 minutes)

Part III: Critiques of the Investment Regime
Video | Audio
(16/6/2011, 14 minutes)

The United States’ Contribution to
the International Investment Regime
Part I: Introduction and History
(from the 1780s to the early 1990s)
(Section 1/2)

Video | Audio
   (18/12/2020, 29 minutes)

Part I: Introduction and History
(from the 1780s to the early 1990s)
(Section 2/2)

Video | Audio
   (18/12/2020, 51 minutes)

Part II: The Rise and Evolution of
US Bilateral Investment Treaties (BITs)
(Section 1/2)

Video | Audio
   (18/12/2020, 32 minutes)

Part II: The Rise and Evolution of
US Bilateral Investment Treaties (BITs)
(Section 2/2)

Video | Audio
   (18/12/2020, 42 minutes)

Part III: The 'Spaghetti Bowl' of
International Investment Agreements (IIAs)
(Section 1/2)

Video | Audio
   (18/12/2020, 41 minutes)

Part III: The 'Spaghetti Bowl' of
International Investment Agreements (IIAs)
(Section 2/2)

Video | Audio
   (18/12/2020, 42 minutes)

International Economic Law
Foreign Investment
An Introduction to the Evolving International Investment Regime
A. Legal Instruments
The Peace of Westphalia (Treaties of Münster and Osnabrück), Münster/Osnabrück, 1648.

General Agreement on Tariffs and Trade, Geneva, 30 October 1947, United Nations, Treaty Series, Vol. 55, p. 187.

Convention for the Protection of Human Rights and Fundamental Freedoms, Rome, 4 November 1950, United Nations, Treaty Series, vol. 213, p. 221.

Convention on the Settlement of Investment Disputes between States and Nationals of Other States, Washington, 18 March 1965.

International Covenant on Economic, Social and Cultural Rights, New York, 16 December 1966, United Nations, Treaty Series, vol. 993, p. 3.

Vienna Convention on the Law of Treaties, Vienna, 23 May 1969, United Nations, Treaty Series, vol. 1155, p. 331.

Convention Establishing the Multilateral Investment Guarantee Agency, Seoul, 11 October 1985.

Treaty between the United States of America and Grenada concerning the Reciprocal Encouragement and Protection of Investment, Washington, 2 May 1986.

Treaty Between the United States of America and the Argentine Republic Concerning the Reciprocal Encouragement and Protection of Investment, Washington, 14 November 1991.

North American Free Trade Agreement, International Legal Materials, vol. 32, 1993, p. 289.

Marrakesh Agreement establishing the World Trade Organization (with final act, annexes and protocol), Marrakesh, 15 April 1994, United Nations, Treaty Series, vol. 1867, p. 3.

Energy Charter Treaty, Lisbon, 17 December 1994.
B. Jurisprudence
C. Documents
Final Act of the United Nations Conference on Trade and Employment (“Havana Charter”), Havana, 24 March 1948, E/Conf. 2/78.

L.B. Sohn/R. Baxter, Draft Convention on the International Responsibility of States for Injuries to Aliens, Harvard Law School, Cambridge, 1961.

General Assembly resolution 1803 (XVII) of 14 December 1962 (Permanent Sovereignty over Natural Resources).

General Assembly resolution 2205 (XXI) of 17 December 1966 (Establishment of the United Nations Commission on International Trade Law).

Organization for Economic Development and Co-operation, Draft Convention on the Protection of Foreign Property, 1963.

Organization for Economic Development and Co-operation, Draft Convention on the Protection of Foreign Property, 1967.

General Assembly resolution 3171 (XXVIII) 17 December 1973 (Permanent Sovereignty over Natural Resources).

General Assembly resolution 3281 (XXIX) of 12 December 1974 (Charter of Economic Rights and Duties of States).

Commission on Transnational Corporations, Draft United Nations Code of Conduct on Transnational Corporations, 1988.

Organization for Economic Development and Co-operation, Multilateral Agreement on Investment Negotiating Text, 24 April 1998.

Organization for Economic Development and Co-operation, OECD Guidelines for Multinational Enterprises, Organization for Economic Development and Co-operation, Paris, 2011.

Organization for Economic Development and Co-operation, OECD Code of Liberalisation of Capital Movements, Organization for Economic Development and Co-operation, Paris, 2011.

United Nations Commission on International Trade Law, UNCITRAL Arbitration Rules, United Nations, New York, 2011.

D. Doctrine
J. E. Alvarez, American Classics in International Law: International Investment Law, Brill, 2017.

J. E. Alvarez, “The Use and Misuse of European Human Rights Law in Investor-State Arbitration”, in F. Ferrari (ed.), The Impact of EU Law on International Commercial Arbitration, Juris, 2017.

C. Calvo, Derecho internacional teórico y práctico de Europa y América, D’Amyot and Durand & Pedone-Laurier, Paris, 1868.

D. Ricardo, The Principle of Political Economy and Taxation, John Murray, London, 1817.

G. Van Harten, Investment Treaty Arbitration and Public Law, Oxford University Press, Oxford, 2005.

G. Van Harten/M. Loughlin, “Investment Treaty Arbitration as a Species of Global Administrative Law”, European Journal of International Law, vol. 17(1), 2006, p. 121.

The United States’ Contribution to the International Investment Regime
Part I: Introduction and History
Part II: The Rise and Evolution of US Bilateral Investment Treaties (BITs)
Presentation (Part I)PDF document
Presentation (Part II) PDF document
A. Legal Instruments

Definitive Treaty of Peace between the United States and Great Britain, 3 September 1783.

Treaty of Amity, Commerce, and Navigation between His Britannic Majesty, and the United States of America (Jay Treaty), Philadelphia, 19 November 1794.

Treaty and Protocol between the United States of America and Japan regarding friendship, commerce and navigation, Tokyo, 2 April 1953.

Treaty between the Federal Republic of Germany and Pakistan for the Promotion and Protection of Investments, Bonn, 25 November 1959, United Nations, Treaty Series, vol. 457, p. 24.

Convention on the Settlement of Investment Disputes between States and Nationals of Other States, Washington, 18 March 1965, United Nations, Treaty Series, vol. 575, p. 159. 

Treaty Between United States of America and Argentine Republic Concerning the Reciprocal Encouragement and Protection of Investment, Washington, 14 November 1991.

United States Model Bilateral Investment Treaty, 2004.

United States Model Bilateral Investment Treaty, 2012.

Agreement between the United States of America, the United Mexican States, and Canada, Buenos Aires, 30 November 2018, Chapter 14.

B. Jurisprudence

Permanent Court of International Justice, Case Concerning the Factory at Chorzów Factory, Judgment of 26 July 1927, P.C.I.J., Series A, No 9, p. 1.

Dispute Between Texaco Overseas Petroleum and California Asiatic Oil Co. v. Libya, Award on the Merits, 17 ILM 1 (1978).

Iran-United States Claims Tribunal, Sedco v. National Iranian Oil Co. and the Islamic Republic of Iran, Interlocutory Award of 27 March 1986, Rep. 180.

C. Documents

The Hull Formula, Exchanges between Cordell Hull and the Mexican government, 1938.

General Assembly resolution 1803 (XVII) of 14 December 1962 (Permanent sovereignty over natural resources).

Richard M. Nixon, Statement Announcing United States Policy on Economic Assistance and Investment Security in Developing Nations, 1972.

Richard M. Nixon, Fourth Annual Report to the Congress on United States Foreign Policy, 1973.

General Assembly resolution 3171 (XXVIII) of 17 December 1973 (Permanent sovereignty over natural resources).

General Assembly resolution 3281 (XXIX) of 12 December 1974 (Charter of Economic Rights and Duties of States).

D. Doctrine

W. Alshchner, “Americanization of the BIT Universe: The Influence of Friendship, Commerce and Navigation (FCN) Treaties on Modern Investment Treaty Law,” Goettingen Journal of International Law, vol. 5, 2013.

J. Alvarez, International Investment Law, Brill Nijhoff, 2017. 

J. Alvarez, Table Comparing the text of the US Model BIT of 1987 to text of US Model BIT of 2004.

Prof. Alvarez’s lectures are inspired by his edited book, International Investment Law (Brill/Nijhoff, 2017). That book contains the following relevant scholarship: J.E. Alvarez, “Introduction: The U.S. Contribution to International Investment Law”; O. Thomas, Jr. and Jonahtan Gimblett, “From Gunboats to BITs: The Evolution of Modern International Investment Law”; Alexander Hamilton, Excerpts from “The Defence”; Elihu Root, “The Basis of Protection to Citizens Residing Abroad”; Kenneth J. Vandevelde, “Investment Liberalization and Economic Development: The Role of Bilateral Investment Treaties.” It also contains other relevant primary documents.


Part III: The 'Spaghetti Bowl' of International Investment Agreements (IIAs)
Presentation (Part III) PDF document
A. Legal Instruments

Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Members, of the other part, Brussels, 30 October 2016, Chapter 8.

Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Santiago, 8 March 2018, Chapter 9.

B. Jurisprudence

International Centre for Settlement of Investment Disputes, Emilio Agustín Maffezini (claimant) and The Kingdom of Spain (respondent), Decision of the Tribunal on Objections to Jurisdiction of 25 January 2000, Case No. ARB/97/7.

International Centre for Settlement of Investment Disputes, Salini Costruttori S.p.A. and Italstrade S.p.A. (claimants) v. Kingdom of Morocco (respondent), Decision on Jurisdiction of 23 July 2001, Case No. ARB/00/4.

International Centre for Settlement of Investment Disputes, SGS Société Générale de Surveillance S.A. (claimant) v. Islamic Republic of Pakistan (respondent), Decision of the Tribunal on Objections to Jurisdiction of 6 August 2003, Case No. ARB/01/13.

International Centre for Settlement of Investment Disputes, Noble Ventures (claimant) and Romania (respondent), Award of 12 October 2005, Case No. ARB/01/11.

International Centre for Settlement of Investment Disputes, El Paso Energy International Co. (claimant) v. The Argentine Republic (respondent), Decision on Jurisdiction of 27 April 2006, Case No. ARB/03/15.

International Centre for Settlement of Investment Disputes, Mr. Patrick Mitchell (claimant) and the Democratic Republic of Congo (respondent), Decision on the Application for Annulment of the Award of 1 November 2006, Case No. ARB/99/7.

International Centre for Settlement of Investment Disputes, Pan American Energy LLC, and BP Argentina Exploration Co. (claimants) v. The Argentine Republic (respondent), Decision on Preliminary Objections of 27 July 2007, Case No. ARB/04/8.

International Centre for Settlement of Investment Disputes, Glamis Gold, Ltd. (claimant) and United States of America (respondent), Award of 8 June 2009.

International Centre for Settlement of Investment Disputes, Abaclat and Others (claimants) and The Argentine Republic (respondent), Decision on Jurisdiction and Admissibility of 4 August 2011, Case No. ARB/07/5.

United Nations Commission on International Trade Law Arbitration, White Industries Australia Limited (claimant) and The Republic of India, Final Award of 30 November 2011

International Centre for Settlement of Investment Disputes, İçkale İnşaat (claimant) and Turkmenistan (respondent), Award of 8 March 2016, Case No. ARB/10/24.

International Centre for Settlement of Investment Disputes, Philip Morris Brand Sàrl (Switzerland), Philip Morris Products S.A. (Switzerland) and Abal Hermanos S.A. (Uruguay) (the claimants) v. Oriental Republic of Uruguay (the respondent), Award of 8 July 2016, Case No. ARB/10/7.

C. Documents

UNCTAD’s Reform Package for the International Investment Regime, 2018.

Submission of the European Union and its Member States to UNCITRAL Working Group III, 18 January 2019.

Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-eight session, Vienna, 14 - 18 October 2019 (A/CN.9/1004).

D. Doctrine

J. Bonnitcha, L. S. Poulsen, and M. Waibel, The Political Economy of the Investment Treaty Regime, Oxford University Press, 2017.

F. Ferrari and D. B. King, International Investment Arbitration in a Nutshell, West Academic Publishing, 2020.

M. Sornarajah, Resistance and Change in the International Law of Foreign Investmen, Cambridge University Press, 2015.