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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 agreement standards and the foundational principles of the rule of law. Edited by August Reinisch and Stephan W. Schill, the book compiles contributions from prominent legal scholars to evaluate whether investment treaties function as instruments of the rule of law or if they introduce systemic legal gaps. The authors utilize doctrinal analysis and normative assessment to determine if the rule of law serves as a viable framework for governing international investment relations.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently cite this work as a rigorous examination of the normative tensions within international investment arbitration. Experts highlight the text for its academic density and its contribution to the ongoing debate regarding the legitimacy of the current investment treaty regime.
Page Count:
416
Publication Date:
2023-05-03
Publisher:
Oxford University Press
ISBN-10:
0192864580
ISBN-13:
9780192864581
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