Investment Protection Standards and the Rule of Law

Erscheinungsjahr 2023
ISBN: 978-0-19-286458-1
Verlag: Hurst & Co.

Buch, Englisch, 416 Seiten, Format (B × H): 177 mm x 248 mm, Gewicht: 860 g

This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime.

Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative
assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.

Autoren/Hrsg.

Reinisch, August

Schill, Stephan W

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Über Autor(innen)

August Reinisch is Professor of International and European Law at the University of Vienna. He is a member of the International Law Commission, the Court of the Permanent Court of Arbitration, and the Institut de Droit International. He is president of the Austrian Branch of the International Law Association, and former president of the German Society of International Law. Professor Reinisch has also served as an arbitrator in investment cases mostly under ICSID and
UNCITRAL rules, and has provided expert opinions in the field.

Stephan W. Schill is Professor of International and Economic Law and Governance at the University of Amsterdam, specializing in international investment law and investor-State dispute settlement. He is admitted to the bar in Germany and New York, is a Member of the ICSID List of Arbitrators, and acts regularly as an arbitrator in investor-State arbitrations. He also serves as Co-Editor-in-Chief of The Journal of World Investment & Trade, and General Editor of ICCA Publications and
the Yearbook Commercial Arbitration.