This volume is dedicated to the life and work of Prof. Thomas Walde (2008), a leading scholar and international lawyer. Contributions reflect the eclectic and multifaceted career of Prof. Walde, who was an authority on diverse areas such as natural resources law, international dispute settlement, international investment law and economic development. The authors are all leaders in their respective fields of international law, providing timely, critical assessments on the most challenging topics facing the international community. While the thrust of this volume is on international investment law and dispute settlement, contributors also address a wide array of related issues, including lex mercatoria, human rights, corporate social responsibility, and natural resources law. It will appeal to practitioners and academics alike. All royalties from sales of this volume assist in sustaining the Thomas Walde PhD Scholarship in International Economic Law, at the Centre for Energy, Mineral and Petroleum Law and Policy in Dundee, Scotland.

Part One: Where Public Meets Private Introduction, Emmanuel Gaillard Human Rights & Investment Tribunals Jurisprudence Along the Private/Public Divide, Moshe Hirsch Public or Private Dispute Settlement? The Culture Clash in Investment Treaty Arbitration and its Impact on the Role of the Arbitrator, Stephan Schill The Transnational Law of Contracts: What It Can and What It Cannot Achieve, Giuditta Cordero Moss Codification of the New Lex Mercatoria through the Internet: The TransLex Principles at www.trans-lex.org, Klaus Peter Berger Thinking About BITs and BIT Arbitration: The Legitimacy Crisis That Never Was, Devashish Krishan Part Two: Field-Specific Applications Introduction, Detlev F. Vagts Arbitration to Settle Private War-Damage Claims? The Eritrea-Ethiopia Claims Commission Revisited, Hans Van Houtte Foreign direct investment for development: the United Nations Code of Conduct and the search for balance in international investment rules, Karl Sauvant Negotiated Settlement of Public Infrastructure Disputes, Mark Kantor International Corporate Social Responsibility and International Law , Peter Muchlinski The Legal Landscape of International Energy Investment After the 2008 Global Financial Crisis, Robert Pritchard Investor-State Mediation: Reflections on its Feasibility from a Process Perspective, Ximena Bustamante Part Three: International Economic Law In A Wider Context Introduction, Daniel Vock International Investment Law Regime and the Rule of Law as a Precondition for International Development, Nicholas J. Birch, Ian Laird, Borzu Sabahi An Historical Analysis of the Function of the Minimum Standard of Treatment in International Investment Law, Todd Weiler States, Sanctions and Soft Law: An Analysis of Differing Approaches to Business and Human Rights Frameworks, Stephane Brabant, Anna Kirk, Jonathan Proust Positivism, New Haven Jurisprudence, and the Fragmentation of International Law, Tai-Heng Cheng Beyond Fragmentation, Andrea Bjorklund, Sophie Nappert Part Four Appendices: Transcripts Memorial Symposium for Professor Thomas Walde Appendix A: Part 1 Roundtable on Cross-Cutting Issues on Energy & Natural Resources and Development Co-Moderated by Arif Ali and Timothy McCrum Contributors: William Fox, Elizabeth Bastida, Ibibia Worika, Christian Pielow, Andrey Konoplyanik, Borzu Sabahi, Graham Coop Appendix A: Part 2 Roundtable on Cross-Cutting Issues on Energy & Natural Resources and Development, Continued Co-Moderated by Arif Ali and Timothy McCrum Contributors: William Fox, Elizabeth Bastida, Ibibia Worika, Christian Pielow, Andrey Konoplyanik, Borzu Sabahi, Graham Coop Appendix B: Special Presentation on Foreign Investment and the Work of The UN's Special Representative on Business & Human Rights Moderated by Stephane Brabant Contributors: Peter Muchlinski, Lorenzo Cotula , Andrea Shemberg Appendix C: Roundtable: What Does the Future Hold for International Arbitration? Moderated by Tim Nelson Contributors: Hew Dundas, Bart Legum, Mark Feldman, Sophie Nappert Appendix D: Reflections Upon the Idea of International Judicial Review Moderated by Robert Voltera Contributors: Stephan Schill, Ian Laird, Todd Weiler, Klaus Reichert Appendix E: Roundtable on the Question of Convergence in International Law Moderated by Kaj Hober Appendix F: Closing Remarks Philip Andrews-Speed