Publications
Book chapter on “National security in national and international investment law: the case of Italy”, co-authored by Dr. Vaccaro-Incisa, published
Oct. 2023. Dr. Vaccaro-Incisa co-authored with Professor Claudio Dordi (Bocconi) an analysis on Italy’s legal regime that presides the intertwine between National Security and Foreign Direct Investment.
The article is featured as a chapter of the book “National Security in International and Domestic Investment Law”, edited by Y. Li, F. Lin, and C. Bian, and published by Routledge. More information can be accessed here.
Analysis on the China-EU Investment Agreement co-authored by Dr. Vaccaro-Incisa published on the Journal of World Investment & Trade
Aug. 2022. Dr. Vaccaro-Incisa co-authored with Wojciech Giemza (EUI) an article on ‘Economic integration via investment agreements: the focus on market access of the EU-China Comprehensive Agreement on Investment (CAI) vis-à-vis the current Bilateral Investment Treaties between China and individual EU Member States’, recently published on the last special issue of the Journal of World Investment & Trade, dedicated to the CAI.
More information on this piece of academic analysis publication can be accessed here.
Dr. Vaccaro-Incisa’s monograph on “China’s Treaty Policy and Practice in International Investment Law and Arbitration” published by Brill Nijhoff
Apr. 2021. Matteo Vaccaro Incisa’s comparative and analytical monograph on “China’s Treaty Policy and Practice in International Investment Law and Arbitration” has just been published in Brill Nijhoff’s prestigious International Investment Law series.
The work offers the most comprehensive and detailed account on the topic to date, by analytically surveying several key provisions (including ISDS, expropriation, MFN, NT, FET, FPS) of 120 International Investment Agreements concluded by China, and their evolution over the time (and comparing them with the relevant formulations employed by other key players). The monograph is the “crown jewel” of Dr. Vaccaro-Incisa’s “Chinese trilogy”, which includes also two pieces that expand on selected topics:
- Arbitration Clauses Limited to Compensation due to Expropriation: Relevant Case Law, Interpretive Trends, and the Case of China’s Treaty Policy and Practice, in Handbook of International Investment Law (Chaisse Ed.; Springer, 2020), and
- Objective criteria and ratione legis condition in the definition of investment: global trends and the Chinese practice, in Asian Perspectives on International Investment Law (Nakagawa Ed.; Routledge, 2019).
Short analysis authored by Dr. Vaccaro-Incisa on the negotiations for an EU post-pandemic recovery plan published by the EUI
Jul. 2020. EUI Ideas, the European University Institute online magazine, published a contribution authored by Dr. Vaccaro-Incisa titled “Rubicon or Maginot? What’s the line on Dutch resistance to EU post-pandemic recovery plans?”
Building on Dr. Vaccaro-Incisa’s recently published article on Italy’s Corriere della Sera, the short essay focuses on the structural reasons why the Dutch government has been reluctant to endorse a post-pandemic economic recovery package for the EU (such as the one proposed by the Commission, backed by France and Germany, chiefly insisted upon by Italy and Spain, and agreed by most other EU members). The contribution can be found here.
Dr. Vaccaro-Incisa published by Italy’s Corriere della Sera on the negotiations for an EU post-pandemic recovery plan
Jul. 2020. The article, titled “Le ragioni dell’Olanda” (“The Netherland’s reasons”) reviews Italy’s arguments in support of the plan.
The article, in Italian, can be accessed here.
Chapter on “investor-State arbitration clauses limited to compensation due to expropriation” published in the Handbook of International Investment Law & Policy.
March 2020. Dr. Vaccaro-Incisa’s analysis has been published as part of the “Handbook of International Investment Law & Policy”, a prestigious work edited by Prof. Julien Chaisse (City University of Hong Kong) and published by Springer.
More information can be accessed here.
King’s College London publishes Dr. Vaccaro-Incisa’s review of annulment grounds at ICSID v Cour de Cassation
May 2019. The comparative review takes a closer look at the grounds of annulment of lower court decisions existing in civil law systems that feature a Cour de Cassation, such as France and Italy, and contrast them with those established in the ICSID Convention for the annulment of investment awards.
Reference is made to the Convention’s drafting history, and the interplay between civil law and common law interpreters of these grounds. The article also covers the possible role that the Judges of the International Court of Justice could play, in the context of the reform of the investor-State dispute settlement system. The article is open access and may be found here.
Book chapter on “Objective criteria and ratione legis condition in the definition of investment” published as part of the book “Asian Perspectives on International Investment Law”
Apr. 2019. Prof. Vaccaro-Incisa’s analysis has been published as part of the book “Asian Perspectives on International Investment Law”, edited by Prof. J. Nakagawa (Chuogakuin University) and published by Routledge.
More information can be accessed here.
The European Journal of International Law ‘Talk!’ publishes a note authored by Prof. Vaccaro-Incisa on certain jurisdictional aspects of the ongoing arbitration proceedings over investments located in Crimea
May 2018. The “Talk” page of the European Journal of International Law (EJIL), directed by Prof. Marko Milanovic (Nottingham University), published a post of Dr. Vaccaro-Incisa briefly commenting on certain aspects of the recent jurisdictional decisions in the investment arbitration proceedings pitting Ukrainian investors against Russia for their investments made in Crimea prior to the ‘change of effective sovereign’ that the peninsula went through in February-March 2014.
This short analysis follows on that published in April 2017 on the public international law issue of Crimea’s change of sovereign, and the speaking engagement in January 2018 at ICC YAF Frankfurt on the topic. The short essay can be retrieved here.
Inapplicability in EU law and implicit suspension in int’l law: brief thoughts on inherent discrimination in intra-EU BIT investor-State arbitration
Nov. 2018. Brief analysis following the relevant 2018 pronouncements of the EU Court of Justice and the German Federal Court, as well as the Communication to Parliament and Council of the EU Commission.
The piece can be found here.
Columbia Law School’s CCSI Institute publishes a Perspective co-authored by Prof. Vaccaro-Incisa
Nov. 2018. Brief analysis following the relevant 2018 pronouncements of the EU Court of Justice and the German Federal Court, as well as the Communication to Parliament and Council of the EU Commission.
The short essay can be accessed here.
The Santa Clara Journal of International Law publishes Prof. Vaccaro-Incisa’s article on "Crimea’s Secession from Ukraine and Accession to the Russian Federation as an Instance of North(- West) v. South(-East) Divide in the Understanding of International Law"
Purposely discarding the question of the use of force,
The article reviews the five discernible and cumulative conditions that seems underlying the hypothesized emerging understanding, based on which a territorial transfer may be considered legitimate, notwithstanding the lack of consent of the current sovereign, when (a) a ‘deficient’ title to territorial sovereignty is challenged by (b) the clear will of the people of a self-determination unit to reunite with (c) the former sovereign, by virtue of (d) strong cultural and historical links, in light of (e) the failure of the current sovereign to properly address long-standing internal self-determination instances and ultimately to perform basic state functions. The article then looks at the impact at large of this possibly emerging interpretive reassessment of the principle of territorial integrity. The analysis can the accessed here.
Book chapter authored by Prof. Vaccaro-Incisa on the “Protection of Foreign Investment and the EU: Framework, Legal Risks, and First Fruits” published
Apr. 2016. The analysis is part of the book “Legal Risks in EU Law”, edited by Prof. E. Mišćenić (Rijeka University) and A. Raccah (Catholic University of Lille) and published by Springer.
The chapter reviews the new competence of the EU on foreign investment, and focuses on the policy adopted by the EU in negotiating investment promotion and protection regimes with third parties, surveying the outcomes reached thus far. More information can be accessed here.
Prof. Vaccaro-Incisa’s review of the book “Corruption – Economic Analysis and International Law” published on Cambridge’s Leiden Journal of International Law
Feb. 2016. Dr. Vaccaro-Incisa’s review of the book authored by Mr. Arnone (CMFR) and Prof. Borlini (Bocconi).
Feb. 2016. Dr. Vaccaro-Incisa’s review of the book authored by Mr. Arnone (CMFR) and Prof. Borlini (Bocconi).
Dr. Vaccaro-Incisa’s review of “the evolution of China’s policy and treaty practice in international investment law” published
Dec. 2014. The article, published on Bocconi Legal Papers, summarizes the findings of Dr. Vaccaro-Incisa’s recently concluded Ph.D. research.
More information can be accessed here.
China’s policy rationale and treaty making on the protection of foreign investment : a comparative perspective, from the model BITs to the latest stipulations
Ph.D. thesis, Jul. 2014, openly accessible on the website of the University of Geneva.
The indication of provisional measures by the International Court of Justice: a comparative perspective with domestic legal systems
MIDS final work, Aug. 2009.
Can a Party from an EU Member State invoke a BIT against another EU Member State?
MIDS paper, Apr. 2009.
Implementation of WTO DSB decisions: is there any real need for reform?
MIDS paper, Nov. 2008.
