Professor W. Michael Reisman Gave A Lecture on ‘Textual Drift’ in International Investment Law

Updated: 05,04,2018

On April 27, Professor W. Michael Reisman visited Fudan University Law School, delivering an excellent lecture at Conference Room 101, Leo Koguan Law Building, on the innovative theme of ‘textual drift’ phenomenon and its resolution in International Investment Law. Professor CHEN Li, Vice Dean of Fudan Law School moderated the lecture,  Professor WANG Zhiqiang, Dean of Fudan Law School, Professor WANG Guiguo, Senior Professor of Liberal Arts in Zhejiang University and many other esteemed professors and young scholars attended the event.

Prof. Reisman is Myres S. McDougal Professor of International Law at the Yale Law School where he has been on the Faculty since 1965. He is a Fellow of the World Academy of Art and Science and a former member of its Executive Council, a former member of the Advisory Committee on International Law of the Department of the United State. He has been elected to the Institut de Droit International. He was Vice-President and Honorary Vice-President of the American Society of International Law, and Editor-in-Chief of the American Journal of International Law. He has also served as arbitrator and counsel in many international cases.

Prof. WANG Zhiqiang addressed a brief opening speech to honored guests for participation in such a meaningful academic gathering at Jiangwan campus. Professor CHEN Li extended a warm welcome to all participants. She recalled her unforgettable early years joining Professor Reisman’s courses at  Yale Law School, Prof. Reisman expressed his sincere gratitude to all participants

From very beginning, Prof. Reisman introduced a common phenomenon in contemporary investment treaty-making practice. He then gave three main techniques used today in recapturing all or part of the textual drift. The first is to set a ‘sunset provision’, that is, BIT negotiator can anticipate textual drifts by limiting the life of the treaty to a predetermined period. The second method is to create a commission composed of the authorized states parties’ representatives for the interpretation of treaty. The third mechanism is the state-to-state dispute resolution provision set in the BITs. He also mentioned an emerging development in such an investment dispute settlement in EU-Canada investment treaty.

Prof. Reisman finally raised some questions for further discussion. Prof. WANG Guiguo, Prof. MA Zhongfa, and Prof. LU Zhi’an commented in their deep insights meanwhile some students also shared their dynamic thoughts. In her close remarks, Prof. CHEN Li expressed her since desire to promote academic communication with leading scholars worldwide through faculty exchange, joint seminars and joint research.

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