我院马克·费尔德曼（Mark Feldman）教授近日发表为纪念国际投资争端解决中心（ICSID）成立五十周年所撰写的邀约书章于《Building International Investment Law: The First 50 Years of ICSID（国际投资法的建立：ICSID的第一个50年）》一书的投资条约仲裁部分。该书分为50个章节，各章节均由相关领域的学者撰写完成，总编辑为国际投资争端解决中心秘书长Meg Kinnear。费尔德曼教授是国际仲裁与条约仲裁方面的专家，曾担任美国政府部门法律顾问办公室北美自由贸易协定/中美洲自由贸易协定仲裁主管。
Professor Feldman’s invited chapter, “Denial of Benefits after Plama v. Bulgaria,” analyzes the impact of the 2005 Decision on Jurisdiction in Plama Consortium Limited v. Republic of Bulgaria, which, for the first time, provided extensive treatment of a denial of benefits provision. The 2005 Decision has greatly influenced the operation of denial of benefits provisions, and has been the subject of scrutiny by scholars and practitioners. Professor Feldman’s analysis focuses on one finding of the Plama Tribunal that has had a considerable impact on investment arbitration jurisprudence: the proposition that a host State’s denial of benefits after an investment has been made constitutes a “retrospective” application of the treaty which cannot be given effect.
Mark Feldman, a leading scholar of international investment and treaty arbitration, previously served as Chief of NAFTA/CAFTA-DR Arbitration in the Office of the Legal Adviser at the U.S. Department of State. As Chief, he represented the United States as a Respondent or non-disputing Party in more than a dozen investor-State disputes and provided legal counsel supporting the negotiation of U.S. bilateral investment treaties and investment chapters of free trade agreements. In January 2015, he was appointed to the high-level E15 Task Force on Investment Policy, sponsored jointly by the World Economic Forum (WEF) and the International Center for Trade and Sustainable Development (ICTSD), the purpose of which is to generate policy recommendations to worldwide governments, businesses and NGOs regarding the international investment regime.
