The multilateralization of international investment law
Author(s)
Bibliographic Information
The multilateralization of international investment law
（Cambridge international trade and economic law）
Cambridge University Press, 2009
- : hardback
Available at 8 libraries
Note
Includes bibliographical references (p. 379-409) and index
Description and Table of Contents
Description
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.
Table of Contents
- 1. Introduction: globalization and international investment law
- 2. The dynamics of multilateralism and bilateralism in international investment relations
- 3. Treaty negotiation and multilateralization of international investment law
- 4. Multilateralization through most-favoured-nation treatment
- 5. Multilateralization and corporate structuring
- 6. Multilateral enforcement of international investment law
- 7. Multilateralization through interpretation: producing and reproducing coherence in investment jurisprudence
- 8. Conclusion: multilateralization-universalization-constitutionalization.
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