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Prof. W. Michael Reisman

Mr. W. Michael Reisman
Myres S. McDougal Professor of International Law
Yale Law School

Biography Biography in PDF
International Economic Law
Foreign Investment
Foreign Investment, Economic Development
and National Sovereignty
In a globalized economic system in which economic development is deemed to be an essential human right and an obligation of States, the incorporation of foreign capital, technology and intellectual property is now accomplished under both customary and conventional international legal regimes. Many of these new arrangements present challenges to national control over elements of internal public order long deemed to fall within the domain of domestic concern. The tensions here require wise deliberation by the international tribunals often seized of disputes and by national leaders.

Original Lecture in English
English
(17/6/2008, 51 minutes)

Lecture with simultaneous interpretation
中文
Audio
International Economic Law
Foreign Investment
Foreign Investment, Economic Development and National Sovereignty
A. Legal Instruments

Covenant of the League of Nations, League of Nations,Paris, 28 April 1919, Official Journal, 1st year, No. 1, February 1920, p. 3 (Text of the Covenant available on the website of Yale Law School’s Avalon Project).

Articles of Agreement for the International Bank for Reconstruction and Development, Washington, 27 December 1945, United Nations, Treaty Series, vol. 2, p. 134

Charter of the United Nations and Statute of the International Court of Justice, San Francisco, 26 June 1945.

Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958, United Nations, Treaty Series, vol. 330, p. 3.

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


B. Jurisprudence

International Centre for the Settlement of Investment Disputes, Metalclad Corporation v. United Mexican States, Award of 30 August 2000, Case No. ARB(AF)/97/1.

International Centre for the Settlement of Investment Disputes, Tecnicas Medioambientales Tecmed S.A. v. United Mexican States, Award of 29 May 2003, Case No. ARB (AF)/00/2.

International Centre for the Settlement of Investment Disputes, Waste Management Inc. v. United Mexican States, Award of 30 April 2004, Case No. ARB(AF)/00/3.

International Centre for the Settlement of Investment Disputes, Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador, Award of 20 September 2012, Case No. ARB/06/11.


C. Documents

General Assembly resolution 41/182 of 4 December 1986 (Declaration on the Right to Development).

United Nations Conference on Trade and Development, World Investment Report 2007: Transnational Corporations, Extractive Industries and Development, United Nations, New York and Geneva, 2007.


D. Doctrine

H.S. Maine, Dissertations on Early Law and Custom, Henry Holt and Company, New York, 1886.

O. Schachter, “The Invisible College of International Lawyers”, Northwestern University Law Review, vol. 72, 1977, p. 217.