A LIBER AMICORUM: Thomas Walde - Law Beyond Conventional Thought

Edited by Jaques Werner and Arif Hyder Ali


Thomas Wälde (1949-2008) was a recognized leader and innovator in the fields of international law, international dispute resolution, and in particular, international oil and mineral investment dispute resolution. Under his leadership the Center for Energy, Petroleum and Mineral Law (CEPMIP) became the leader in the education and training of new leaders in these fields. He was an innovator; educator and intellect who challenged colleagues, students and opposing counsel alike think and act beyond convention when necessary to arrive at solutions and resolutions to evolving issues in international law and dispute resolution.

This volume, written in memoriam of Thomas Wälde contains analysis of issues and trends in international law and dispute resolution ranging from oil and mineral investment treaties to copyright issues raised by development of the internet search industry. The chapters were authored by contemporaries, colleagues, his wife, and former students and provide insights to Thomas Wälde, the man. Twenty Chapters including nine chapters dealing with evolving issues & practices in international investment treaties, dispute resolution and dispute prevention; five chapters dealing with issues in international energy and mineral investment and development, and, two chapters to remembrances of Thomas Walde.


Foreword - Jacques Werner & Arif Hyder Ali

Search Engines, Copyright and Innovative Business Models:  How Google Sought to Monopolize/Free [Delete as Appropriate] the Printed Word - Charlotte Wälde

Legal Issues of Opec Production Management Practices and the Law: An Overview - Melaku G. Desta

Dispute Prevention and Dispute Settlement: Reflections on Discussions With Thomas Wälde - Hew R. Dundas

The Wisdom of International Commercial Mediation and Conciliation - William F. Fox

Going to Pieces without Falling Apart:  Wälde’s Defence of ‘Specialisation’ in the Interpretation of Investment Treaties - John P. Gaffney

Investment Treaties and Domestic Courts: A Transactional Mosaic Reviving Thomas Wälde’s Legacy - Walid Ben Hamida

The Changing Face of Political Risk in the Energy Industry - Mirian Kene Kachikwu

Fat Cats and ‘Windfall’ Taxes in the Natural Resources Industry:  Legal and Political Analysis in the light of Modern Investment Treaties - Abba Kolo

Professor Thomas Wälde: In Memoriam of the Friend - Andrey Konoplyanik

Global Financial Crisis to Put The PSA Regime in Russia Back on the Agenda - Andrey Konoplyanik

Interpretation in International Investment Arbitration – Through the Looking Glass - Ian Laird

Thomas on the Formation of International Arbitral Tribunals:  ‘The Conversation’ - Michael McIlwrath

Bifurcation of Title in International Oil & Gas Agreements - A. Timothy Martin

Investment Claims and Arbitrator Comportment - William Park

A United Nations’ Liaison Hub and Ombudsoffice in International Economic Relations:  A Proposal - Chitra Radhakishun

Courts and Arbitration:  Forming Choices for Young Lawyers - Klaus Reichert

Investment Treaties and the Russian Bear:  Baiting the Bear? - Noah Rubins & Azizjon Nazarov

Moral Damages in International Investment Law: Some Preliminary Thoughts in the Aftermath of Desert Line v Yemen

Borzu Sabahi

At What Time Must Legitimate Expectations Exist? - Christoph Schreuer & Ursula Kriebaum

Unlawful or Bad Faith Conduct as a Bar to Claims in Investment Arbitration - Abby Cohen Smutny & Petr Polášek


ISBN: 978-1-907174-01-8

•  Hardback  • 2010 •  £60.00