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The Public International Law Regime Governing International Investment

The Public International Law Regime Governing International Investment

Paperback

Series: Pocket Books of the Hague Academy of International Law / Les, Book 11

General Law

Currently unavailable to order

ISBN10: 9004186824
ISBN13: 9789004186828
Publisher: Brill Nijhoff
Published: Jul 20 2011
Pages: 504
Weight: 0.90
Height: 1.20 Width: 4.30 Depth: 7.00
Language: English
This monograph considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international investment regime should no longer be described as a
species of territorial empire imposed by rich capital exporters on capital importers. He examines the evolution of investment treaties and investor-State jurisprudence constante and identifies the connections between these and general trends within public international law, including the increased resort to treaties (treatification), growing risks to the law's consistency (fragmentation), and the proliferation of forms of international adjudication (judicialization). Professor Alvarez also considers whether the regime's efforts to balance the needs of non-State investors and sovereigns ought to be characterized as global administrative law, as a form of constitutionalization, or as an increasingly human-rights-centred enterprise.

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General Law