
There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view.Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taken, and could still take, a different turn. They offer a more respectful approach to states' roles and responsibilities to enact laws in the public interest.This text will be an illuminating read for students and academics in areas such as investment law and international economic law. It provides cutting-edge analysis for researchers, practitioners, and students seeking to understand and question the usual standards of treatment under investment treaties.
This volume investigates the systemic imbalance in international investment law, questioning the prevailing orthodoxy that prioritizes investor protections over the regulatory autonomy of host states. Edited by David J. Schneiderman and Gus Van Harten, the text compiles contributions from legal scholars to challenge the current enforcement mechanisms of investment tribunals. The authors argue that existing doctrines are not inevitable and propose a framework that better balances the rights of foreign investors with the public interest responsibilities of sovereign governments.
What You Will Find
Scope Limits
Legal scholars and practitioners view this collection as a significant contribution to the critical discourse surrounding international economic law. Readers frequently note that the text provides a necessary counter-narrative to traditional, pro-investor interpretations of international treaties.
Page Count:
272
Publication Date:
2024-01-01
Publisher:
Oxford University Press
ISBN-10:
0192871080
ISBN-13:
9780192871084
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