International Investment Law and Comparative Public Law
- ISBN-10
- 0199589100
- ISBN-13
- 9780199589104
- Category
- Law
- Pages
- 836
- Language
- English
- Published
- 2010-10-14
- Publisher
- Oxford University Press
- Author
- Stephan W. Schill
Description
Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.
Get the book
Similar books
-
International Investment Law. The Sources of Rights and Obligations
By Tarcisio Gazzini, Eric De BrabandereDrawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.
-
Global Public Interest in International Investment Law
By Andreas KulickOutlines a general theory of whether and how to include public interest concerns in the realm of international investment law.
-
Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration
By Valentina VadiIn this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory ...
-
Analogies in International Investment Law and Arbitration
By Valentina VadiThis book explores whether the use of analogies can improve the functioning of such arbitration, and how such analogies might be drawn.
-
'Fair and Equitable Treatment' in International Investment Law
By Roland KlägerIn this book, Roland Kläger sheds light on these controversies by exploring the deeper doctrinal foundations of fair and equitable treatment and reviewing its contentious relationship with the international minimum standard.
-
International Investment Law and Arbitration: Commentary, Awards and other Materials
By Jean Ho, Martins Paparinskis, C. L. LimEgypt), reversing the burden of proof may be necessary if there are 'special circumstances or good reasons'.25 Here, egypt alleged that the investor had obtained his Lebanese nationality by fraud and submitted that the tribunal should, ...
-
Investment Treaty Law: Current Issues. Remedies in international investment law emerging jurisprudence of international investment law. III
By British Institute of International and Comparative LawThis under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry.
-
The Formation and Identification of Rules of Customary International Law in International Investment Law
By Patrick Dumberry... Custom, Power and the Power of Rules: International Relations and Customary International Law (Cambridge: Cambridge University Press, 1999), pp. 130–141 (1999); See also: Olufemi Elias, 'The Nature of the Subjective Element in Customary ...
-
State Liability in Investment Treaty Arbitration: Global Constitutional and Administrative Law in the BIT Generation
By Santiago MonttSimultaneously, the Director of the Codification Division of the Office of Legal Affairs of the United Nations ... Recent Codification of the Law of State Responsibility for Injuries to Aliens (Dobbs Ferry Oceana Publications, ...
-
The Multilateralization of International Investment Law
By Stephan W. SchillThe book argues that international investment law is a structured body of law based on uniform principles of investment protection.