The Multilateralization of International Investment Law
Series: Cambridge International Trade and Economic Law; 2;
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Product details:
- Publisher Cambridge University Press
- Date of Publication 30 January 2014
- ISBN 9781107636507
- Binding Paperback
- No. of pages490 pages
- Size 230x153x28 mm
- Weight 730 g
- Language English 0
Categories
Short description:
The book argues that international investment law is a structured body of law based on uniform principles of investment protection.
MoreLong description:
Attempts at developing a theory of international investment law are complicated by the fact that this field of international law is based on numerous, largely bilateral treaties and is implemented by arbitral panels established on a case-by-case basis. This suggests a fragmented and chaotic state of the law, with different levels of protection depending on the sources and targets of foreign investment flows. This book, however, forwards the thesis that international investment law develops, despite its bilateral form, into a multilateral system of law that backs up the functioning of a global market economy based on converging principles of investment protection. In discussing the function of most-favored-nation clauses, the possibilities of treaty-shopping and the impact of investor-State arbitration with its intensive reliance on precedent and other genuinely multilateral approaches to treaty interpretation, it offers a conceptual framework for understanding the nature and functioning of international investment law as a genuinely multilateral system.
'Dr Schill's thesis must be praised both for the thorough analysis of its subject matter and for the wealth of information it provides on the current state of international investment law.' Transnational Dispute Management
Table of Contents:
1. Introduction: globalization and international investment law; 2. The dynamics of multilateralism and bilateralism in international investment relations; 3. Treaty negotiation and multilateralization of international investment law; 4. Multilateralization through most-favoured-nation treatment; 5. Multilateralization and corporate structuring; 6. Multilateral enforcement of international investment law; 7. Multilateralization through interpretation: producing and reproducing coherence in investment jurisprudence; 8. Conclusion: multilateralization-universalization-constitutionalization.
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