Frédéric G. Sourgens Publications, Presentations, and Other Activity

Articles in Law Reviews and Other Scholarly Journals

"Reason and Reasonableness: The Necessary Diversity of the Common Law," 67 Maine Law Review ___ (forthcoming 2015).

"Reconstructing International Law as Common Law," 46 George Washington International Law Review ___ (forthcoming 2015).

"Uncommon Remedies in International Dispute Resolution," 107 Proceedings of the Annual Meeting-American Society of International Law 33 (2014) (co-authored with Isabel Fernández de la Cuesta, Jennifer Gorskie, Carmen Martinez López, James Upcher, Elizabeth Whitsitt, and Jarrod Wong).

"Law's Laboratory: Developing International Law on Investment Protection as Common Law," 34 Northwestern Journal of International Law & Business 181 (2014).

"International Investment Law and Arbitration: 2012 in Review," Yearbook of International Investment Law and Policy 2012-2013 (edited by Andrea Bjorklund) (Oxford University Press, 2014) (co-authored with Nicholas Birch, Kabir Dugal, Ian Laird & Borzu Sabahi)(peer reviewed).

"What is a Distressed Investor to Do?," 1 Journal of Damages in International Arbitration 103 (2014) (co-authored with Michael D. Nolan). Reprint of 2 Transnational Dispute Management (2008).

"Keep the Faith: Investment Protection Following the Denunciation of International Investment Agreements," 11 Santa Clara Journal of International Law 335 (2013).

"Doubling Down on Deference? Treatment Standards and the Public Law Fallacy," 7 World Arbitration and Mediation Review 379 (2013).

"By Equal Contest of Arms: Jurisdictional Proof in Investor-State Arbitrations," 38 North Carolina Journal of International Law and Commercial Regulation 875 (2013).

"Leviathan on Life Support? Restructuring Sovereign Debt and International Investment Protection after Abaclat," Yearbook on International Investment Law & Policy 2011-2012 485 (2013) (co-authored with Michael D. Nolan & Hugh Carlson)

"International Investment Law and Arbitration: 2011 in Review," Yearbook on International Investment Law & Policy 2011-2012 41 (2013) (co-authored with Ian A. Laird, Borzu Sabahi & Nicholas J. Birch).

"International Investment Law and Arbitration: 2010 in Review," Yearbook on International Investment Law & Policy 2010-2011 62 (2012) (co-author with Ian A. Laird, Borzu Sabahi, and Nicholas J. Birch).

"The Limits of Discretion? Self-Judging Emergency Clauses in International Investment Agreements," Yearbook on International Investment Law & Policy 2010-2011 362 (2012) (co-author with Michael D. Nolan).

"ICSID Decisions 2008-2009," Yearbook of International Investment Law and Policy 2008-2009 87 (edited by Karl Sauvant) (Oxford University Press, 2010) (co-authored with Ian Laird & Borzu Sabahi).

"Issues of Proof of General Principles of Law in International Arbitration," 4 World Arbitration & Mediation Review 505 (2009).

"Annulment and Judicial Review - How "Final" Is an Award?" in Investment Treaty Arbitration and International Law, volume 2 (Juris Publishing: 2009) (co-author with Dmitri Evseev, Christopher F. Dugan, Oscar M. Garibaldi, Stanimir Alexandrov, Stephen Jagusch).

"ABA Year in Review: International Commercial Dispute Resolution," 42 International Lawyer 362 (2008) (co-author).

"What Is a Distressed Investor To Do?" 2 Transnational Dispute Management (2008) (co-author with Michael D. Nolan). Reprinted 1 Journal of Damages in International Arbitration 103 (2014).

"Comparative Law as Rhetoric: an Analysis of the Use of Comparative Law in International Arbitration," 8 Pepperdine Dispute Resolution Law Journal 1 (2007).

"A Preliminary Comment – The Interplay Between State Consent to ICSID Arbitration and Denunciation of the ICSID Convention: The (Possible) Venezuela Case Study," Transnational Dispute Management (2007) (co-author with Michael D. Nolan).

"Positivism, Humanism, and Hegemony: Sovereignty and Security for Our Time," 25 Penn State International Law Review 433 (2007).

"ICSID Arbitration and the Importance of Public Accountability of a Private Judicature: A Roman Law Perspective," 9 International Community Law Review 59 (2007).

Books and Monographs

A Nascent Common Law: The Process of Decisionmaking in International Legal Disputes Between States and Foreign Investors. International Litigation in Practice Series. (Koninklijke Brill, forthcoming 2015).

Contributing Editor, Reports of Overseas Private Investment Corporation Determinations (edited by Mark Kantor, Michael D. Nolan and Karl P. Sauvant) (Oxford University Press: 2011).

Contributor, International Investment, Political Risk and Dispute Resolution (N. Stephan Kinsella and Noah D. Rubins) (Oxford University Press: 2005).

Chapters in Books

"BIT, Contract, or a BIT of Both? Investor-State Dispute Resolution in the Energy Sector," in Investment Treaty Arbitration and International Law: Volume 7 (co-editor Frederic G. Sourgens)(Wildy & Sons Ltd, forthcoming).

"Free Trade à l'Americaine -- NAFTA, DR-CAFTA and Beyond" in Investment Treaty Arbitration and International Law: Volume 6 (edited by Ian A. Laird, Borzu Sabahi, Frederic G. Sourgens, Todd J. Weiler, Kabir Duggal) (Wildy & Sons Ltd, forthcoming 2013).
» See publisher's website for description and ordering information.

"Public Contract Guarantees by National Institutions" in The Internationalization of Public Contracts (edited by Mathias Audit & Stephan Schill) (Bruylant: 2012 (forthcoming)) (co-author).

"Limits of Consent: Arbitration Without Privity and Beyond" (co-author with Michael D. Nolan) in Liber Amicorum for Bernardo Cremades (edited by M. Á. Fernández-Ballesteros and David Arias) (Kluwer: 2010) .

Book Reviews

"Truth in Method," review of The Interpretation of International Investment Law: Equality Discrimination and Minimum Standards of Treatment in Historical Context by Dr Todd Weiler (Martinus Nijhoff, The Hague, Netherlands 2013), 29:1 ICSID Review 247 (2014).

Editorial Appointments

Peer Reviewer, ICSID Review (renewable 2 year term from March 2012).

Editor, Investment Claims (Oxford University Press: 2010- present).

Co-Reporter, Japanese Bilateral Investment Treaties, Investment Claims (Oxford University Press: 2012).

Reporter, French Bilateral Investment Treaties, Investment Claims (Oxford University Press: 2008).

Peer Reviewer, Oxford University Press, Law (Practitioner Publications).

Other Publications

"The U.S. and EU Debt Crises in International Law: A Preliminary Review," Wall Street Lawyer (October 2011) (co-author with Michael D. Nolan).

"Recent Trends in Public Political Risk Instance Coverage," 2011 Corporate Finance Review 13 (May/June 2011) (co-author with Michael D. Nolan and Christina Totino).

"State-Controlled Entities as Claimants in International Investment Arbitration: An Early Assessment," Columbia FDI Perspectives, no. 32 (December 2, 2010) (Vale Columbia Center on Sustainable International Investment) (co-author with Michael D. Nolan).

"The Importance of History: Reflections on Lassa Oppenheim's 150th Birthday," 5:3 Friends of Jessup Newsletter20 (Spring 2009).

"Norway: Arbitration in Norway," 12(1) Arbitration Committee Newsletter 23 (May 2007) (International Bar Association) (co-author).

Editor, 2006 International Arbitration Report (Fulbright & Jaworski).

"Glem ikke Østerrike!," Op-ed section, Universitas, vol. 54, issue 8, dated March 8, 2000.


Speaker, "Is the Vienna Convention on the Law of Treaties Dead in BIT Arbitration?," Oxford University Press Investment Claims Webinar Series, October 20, 2014.

"Frack that! Can Investment Treaties Provide Effective Protections Against Fracking Bans?," 2014 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 27, 2014.

Guest Lecturer, "Nullity in International Law," Georgetown University Law Center, Washington, D.C., April 2014.

Co-Chair, "New Developments in Investment Treaty Arbitration: A Return to Fundamentals?," Eighth Annual Investment Treaty Arbitration Conference, Washington, D.C., March 28, 2014.

Moderator, "The Interpretation of International Investment Law," Young International Centre for the Settlement of Investment Disputes (World Bank), Washington, D.C., February 27, 2014.

Faculty, "Discovery in International Arbitration Skills Training Workshop," Young ICCA, Boston, Massachusetts, October 7, 2013.

Guest Lecture, "Annulment of International Centre for Settlement of Investment Disputes (ICSID) Awards, A Functional Analysis," Columbia Law School, New York, New York, April 19, 2013.

Moderator, "Uncommon Remedies in International Dispute Resolution," 107th Annual Meeting of the American Society of International Law, Washington, DC, April 4, 2013.

Co-Chair, Juris Conference, BIT, Contract, or a bit of both? Investor-State Dispute Resolution in the Energy Sector (2013).

Co-Chair, Juris Conference, NAFTA, CAFTA and Beyond? Investment Protection in the Americas (2012).

Panelist, Club Español del Arbitraje & American University Washington College of Law, Investment Arbitration in Latin America (2011).

Panelist, Juris Conference Investment Treaty Arbitration and International Law, Annulment (2008).

Conferences Planned

Conference Co-Chair, Oil and Gas Investment Arbitrations: Protecting Oil and Gas Projects Against Political Risk, University of Houston Law Center, Houston, Texas, October 31, 2014.

Professional Service

Managing Editor, Investment Claims, Oxford University Press, 2013-2015.

Co-Chair, "BIT, Contract, or a bit of Both? Investor-State Dispute Resolution in the Energy Sector", Seventh Annual Investment Treaty Conference, Washington, DC, April 22, 2013.