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International Investment Law and Dispute Resolution in the Western Balkans
Regional Prospects for a European Future
Series: - Nijhoff International Investment Law Series, Volume: 27
This book provides a comprehensive and in-depth analysis of the legal and institutional frameworks for investment law and dispute resolution in the Western Balkans region, filling a significant gap in understanding the regional dynamics in the field. It is the first book of its kind, drawing on unique insights from government officials, legal practitioners, international development organizations and scholars, who address the existing frameworks and transformative reform efforts. In two carefully curated sections, the book first analyses the regional developments in the context of EU and international reforms, then zooms into the legal and institutional frameworks for investment protection and dispute resolution in each economy, based on robust analysis and unique empirical data.
Fahira Brodlija (LL.M., University of Pittsburgh School of Law) is the Rule of Law Advisor for a regional GIZ legal reform project in the Western Balkans, supporting the governments in the reform of investment treaties and investor-State disputes. She has published over 50 articles and book chapters in renowned publications, and co-edited two books. She is also a lecturer at the International University of Sarajevo Faculty of Law (IUS).
Armela RamiÄ is a bar-certified Attorney at Law and a legal practitioner with over twelve years of professional experience in Bosnia and Herzegovina. She specializes in construction and energy law (with a focus on FIDIC based projects), international transactions and dispute resolution (litigation and arbitration proceedings). She is the co-founder and president of Association ARBITRI, the premier international arbitration think-tank in Bosnia and Herzegovina.
Armela RamiÄ is a bar-certified Attorney at Law and a legal practitioner with over twelve years of professional experience in Bosnia and Herzegovina. She specializes in construction and energy law (with a focus on FIDIC based projects), international transactions and dispute resolution (litigation and arbitration proceedings). She is the co-founder and president of Association ARBITRI, the premier international arbitration think-tank in Bosnia and Herzegovina.
Foreword
List of Illustration
Notes On Co-editor Biographies
Notes On Author Biographies
1 Introduction: Investment Protection and Investor-State Dispute Resolution in the Western Balkans
Mapping the Path of Regional Reform
âFahira Brodlija
2 The Reform of Investment Protection Treaties in the Western Balkans
âSamira SulejmanoviÄ and Ivana GardaÅ¡eviÄ
3 Western Balkans Investment Treaty Disputes Within the Global Landscape of Isds Trends
âDiana Rosert
4 Arbitrating Disputes in the Renewable Energy Sector in the Western Balkans
âIlija Mitrev Penushliski
5 The Implications of the New Eu Model Clauses for Bits with Third Countries for Candidate States
âNikos Lavranos and Marialena Komi
6 The Modernization of International Investment Agreements in the Western Balkans: What Do the New Model Bits Tell Us?
âKabir Duggal, Kevin W. Gray, and Samiha Gopal
7 Navigating Definitions of âInvestorâ and âInvestmentâ and Jurisdictional Issues in the Context of Isds
âVlora Maxhuni
8 Designing a Robust Fair and Equitable Treatment Standard for the Western Balkans
âFilip Balcerzak
9 Unlocking the Benefits of Investor-State Dispute Prevention Mechanisms
âFahira Brodlija
10 Investment Mediation: a Means for Resolving Investor-State Disputes in the Western Balkans?
âFrauke Nitschke
11 Investment Protection and Investor-State Dispute Resolution in Albania
âFlutura Kola Tafaj and Silvana Cinari
12 Investment Protection and Investor-State Dispute Resolution in Bosnia and Herzegovina
âArmela RamiÄ and Ajla SerdareviÄ
13 Investment Protection and Investor-State Dispute Resolution in Croatia
âIrena Alajbeg
14 Investment Protection and Investor-State Dispute Resolution in Kosovo
âLyra Ãela
15 Investment Protection and Investor-State Dispute Resolution in Montenegro
âAneta SpaiÄ and Milana RankoviÄ
16 Investment Protection and Investor-State Dispute Resolution in North Macedonia
âToni Deskoski and Vangel Dokovski
17 Investment Protection and Investor-State Dispute Resolution in Serbia
âDragana NikoliÄ
18 Investment Protection and Investor-State Dispute Resolution in Slovenia
âPeter Rižnik and Maja Menard
19 Conclusions
âFahira Brodlija and Armela RamiÄ
Index
List of Illustration
Notes On Co-editor Biographies
Notes On Author Biographies
1 Introduction: Investment Protection and Investor-State Dispute Resolution in the Western Balkans
Mapping the Path of Regional Reform
âFahira Brodlija
2 The Reform of Investment Protection Treaties in the Western Balkans
âSamira SulejmanoviÄ and Ivana GardaÅ¡eviÄ
3 Western Balkans Investment Treaty Disputes Within the Global Landscape of Isds Trends
âDiana Rosert
4 Arbitrating Disputes in the Renewable Energy Sector in the Western Balkans
âIlija Mitrev Penushliski
5 The Implications of the New Eu Model Clauses for Bits with Third Countries for Candidate States
âNikos Lavranos and Marialena Komi
6 The Modernization of International Investment Agreements in the Western Balkans: What Do the New Model Bits Tell Us?
âKabir Duggal, Kevin W. Gray, and Samiha Gopal
7 Navigating Definitions of âInvestorâ and âInvestmentâ and Jurisdictional Issues in the Context of Isds
âVlora Maxhuni
8 Designing a Robust Fair and Equitable Treatment Standard for the Western Balkans
âFilip Balcerzak
9 Unlocking the Benefits of Investor-State Dispute Prevention Mechanisms
âFahira Brodlija
10 Investment Mediation: a Means for Resolving Investor-State Disputes in the Western Balkans?
âFrauke Nitschke
11 Investment Protection and Investor-State Dispute Resolution in Albania
âFlutura Kola Tafaj and Silvana Cinari
12 Investment Protection and Investor-State Dispute Resolution in Bosnia and Herzegovina
âArmela RamiÄ and Ajla SerdareviÄ
13 Investment Protection and Investor-State Dispute Resolution in Croatia
âIrena Alajbeg
14 Investment Protection and Investor-State Dispute Resolution in Kosovo
âLyra Ãela
15 Investment Protection and Investor-State Dispute Resolution in Montenegro
âAneta SpaiÄ and Milana RankoviÄ
16 Investment Protection and Investor-State Dispute Resolution in North Macedonia
âToni Deskoski and Vangel Dokovski
17 Investment Protection and Investor-State Dispute Resolution in Serbia
âDragana NikoliÄ
18 Investment Protection and Investor-State Dispute Resolution in Slovenia
âPeter Rižnik and Maja Menard
19 Conclusions
âFahira Brodlija and Armela RamiÄ
Index