The multilateralization of international investment law / Stephan W. Schill.
2009
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Details
Title
The multilateralization of international investment law / Stephan W. Schill.
Imprint
Cambridge : Cambridge University Press, 2009.
Description
1 online resource (xxxvii, 451 pages) : digital, PDF file(s).
Series
Cambridge international trade and economic law ; 2.
Formatted Contents Note
Introduction: globalization and international investment law
The dynamics of multilateralism and bilateralism in international investment relations
Treaty negotiation and multilateralization of international investment law
Multilateralization through most-favored-nation treatment
Multilateralization and corporate structuring
Multilateral enforcement of international investment law
Multilateralization through interpretation: producing and reproducing coherence in investment jurisprudence
Conclusion: Multilateralization, universalization, constitutionalization.
The dynamics of multilateralism and bilateralism in international investment relations
Treaty negotiation and multilateralization of international investment law
Multilateralization through most-favored-nation treatment
Multilateralization and corporate structuring
Multilateral enforcement of international investment law
Multilateralization through interpretation: producing and reproducing coherence in investment jurisprudence
Conclusion: Multilateralization, universalization, constitutionalization.
Summary
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.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511605451 ebook
9780521762366 (hardback)
9781107636507 (paperback)
9780521762366 (hardback)
9781107636507 (paperback)
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