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The Multilateralization of International Investment Law

Author

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  • Schill,Stephan W.

Abstract

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.

Suggested Citation

  • Schill,Stephan W., 2009. "The Multilateralization of International Investment Law," Cambridge Books, Cambridge University Press, number 9780521762366, January.
    • Handle: RePEc:cup:cbooks:9780521762366
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    Citations

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    Cited by:

    1. Axel Berger & Wan‐Hsin Liu, 2021. "Can the G20 serve as a launchpad for a multilateral investment agreement?," The World Economy, Wiley Blackwell, vol. 44(8), pages 2284-2302, August.
    2. Yoram Z. Haftel & Alexander Thompson, 2018. "When do states renegotiate investment agreements? The impact of arbitration," The Review of International Organizations, Springer, vol. 13(1), pages 25-48, March.
    3. Lauge N. Skovgaard Poulsen & Emma Aisbett, 2011. "When the Claim Hits: Bilateral Investment Treaties and Bounded Rational Learning," Crawford School Research Papers 1105, Crawford School of Public Policy, The Australian National University.
    4. Henry Jiménez Guanipa & Natalia Castro Niño & Wilfredo Robayo Galvis, 2020. "Emergencia climática : Prospectiva 2030 : XXI Jornadas de Derecho Constitucional. Constitucionalismo en transformación. Prospectiva 2030," Books, Universidad Externado de Colombia, Facultad de Derecho, number 1273.
    5. Cross Ciaran & Schliemann-Radbruch Christian, 2013. "When Investment Arbitration Curbs Domestic Regulatory Space: Consistent Solutions through Amicus Curiae Submissions by Regional Organisations," The Law and Development Review, De Gruyter, vol. 6(2), pages 67-110, September.
    6. Stephen R. Buzdugan, . "The global governance of FDI and the non-market strategies of TNCs: explaining the “backlash” against bilateral investment treaties," UNCTAD Transnational Corporations Journal, United Nations Conference on Trade and Development.
    7. Bereket Alemayehu Hagos, . "Major features of Ethiopia’s new investment law: an appraisal of their policy implications," UNCTAD Transnational Corporations Journal, United Nations Conference on Trade and Development.
    8. Claire Cutler, 2013. "Human Rights Promotion through Transnational Investment Regimes: An International Political Economy Approach," Politics and Governance, Cogitatio Press, vol. 1(1), pages 16-31.
    9. Tarald Laudal Berge, 2018. "Jonathan Bonnitcha, Lauge N. Skovgaard Poulsen and Michael Waibel. 2017. The Political Economy of the Investment Treaty Regime (Oxford: Oxford University Press)," The Review of International Organizations, Springer, vol. 13(1), pages 133-136, March.
    10. Miljenić Orsat, 2018. "Energy Charter Treaty – Standards of Investment Protection," Croatian International Relations Review, Sciendo, vol. 24(83), pages 52-83, October.

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