"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. Itis 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 analysisand unique empirical data"--
This comprehensive resource provides international, regional and national perspectives on investment law and dispute resolution in the Western Balkans. It provides an indispensable roadmap of the existing and emerging legal and institutional frameworks for investment protection in the region.
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
Fahira Brodlija
2 The Reform of Investment Protection Treaties in the Western Balkans
Samira Sulejmanovi and Ivana Gardaevi
3 Western Balkans Investment Treaty Disputes Within the Global Landscape of
Isds Trends
Diana Rosert
4 Arbitrating Disputes in the Renewable Energy Sector in the Western Balkans
Ilija Mitrev Penushliski
5 The Implications of the New Eu Model Clauses for Bits with Third Countries
for Candidate States
Nikos Lavranos and Marialena Komi
6 The Modernization of International Investment Agreements in the Western
Balkans: What Do the New Model Bits Tell Us?
Kabir Duggal, Kevin W. Gray, and Samiha Gopal
7 Navigating Definitions of Investor and Investment and Jurisdictional
Issues in the Context of Isds
Vlora Maxhuni
8 Designing a Robust Fair and Equitable Treatment Standard for the Western
Balkans
Filip Balcerzak
9 Unlocking the Benefits of Investor-State Dispute Prevention Mechanisms
Fahira Brodlija
10 Investment Mediation: a Means for Resolving Investor-State Disputes in the
Western Balkans?
Frauke Nitschke
11 Investment Protection and Investor-State Dispute Resolution in Albania
Flutura Kola Tafaj and Silvana Cinari
12 Investment Protection and Investor-State Dispute Resolution in Bosnia and
Herzegovina
Armela Rami and Ajla Serdarevi
13 Investment Protection and Investor-State Dispute Resolution in Croatia
Irena Alajbeg
14 Investment Protection and Investor-State Dispute Resolution in Kosovo
Lyra Çela
15 Investment Protection and Investor-State Dispute Resolution in Montenegro
Aneta Spai and Milana Rankovi
16 Investment Protection and Investor-State Dispute Resolution in North
Macedonia
Toni Deskoski and Vangel Dokovski
17 Investment Protection and Investor-State Dispute Resolution in Serbia
Dragana Nikoli
18 Investment Protection and Investor-State Dispute Resolution in Slovenia
Peter Rinik and Maja Menard
19 Conclusions
Fahira Brodlija and Armela Rami
Index
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 Rami 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.
