
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.
This volume investigates the complex intersection between international investment protection standards and the foundational principles of the rule of law. Edited by Stephan W. Schill and August Reinisch, the text compiles contributions from prominent legal scholars to evaluate whether investment treaty standards function as manifestations of the rule of law or if they inadvertently create regulatory lacunae. The authors employ a dual-methodological approach, combining rigorous doctrinal analysis of substantive treatment standards with a normative critique of their application within the global investment regime.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently cite this volume as a sophisticated contribution to the discourse on international economic law. Experts highlight the text for its academic density and its success in bridging the gap between technical treaty standards and broader jurisprudential concepts.
Page Count:
416
Publication Date:
2023-01-01
Publisher:
OUP Oxford
ISBN-10:
0192679805
ISBN-13:
9780192679802
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