Full Description
This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime.
Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.
Contents
1: August Reinisch and Stephan W. Schill: Investment Protection Standards and the Rule of Law: An Introduction
Part I: Standards of Treatment as Rule of Law Demands for Domestic Regulatory Action
2: Martins Paparinskis: The Rule of Law and Fair and Equitable Treatment
3: Caroline Henckels: Legitimate Expectations and the Rule of Law in International Investment Law
4: Marc Bungenberg: (Direct and Indirect) Expropriation and the Rule of Law
5: Sebastián Mantilla Blanco: Full Protection and Security and the Rule of Law
6: Elizabeth Whitsitt: International Investment Law's Non-Discrimination Norms and the Rule of Law
7: Manjiao Chi: Regulatory Transparency in International Investment Law: From an Investment Protection Requirement to a Rule-of-Law Requirement
Part II: Standards of Treatment as Interfaces between International and Domestic Rule of Law
8: Ursula Kriebaum: Rule of Law Demands and the Domestic Judiciary: Denial of Justice, Judicial Expropriation, Effective Means
9: Arnaud de Nanteuil: Umbrella Clauses and the Rule of Law
10: Velimir Zivkovic: The Use of Investment Treaty Standards to Enforce Other International Legal Regimes and Domestic Law
11: Martin A. Jarrett: Legality Requirements: Managing the Tension between the Domestic and the International Rule of Law
Part III: Rule of Law Concerns in Substantive Standards of Treatment
12: Julian Arato: Two Moralities of Consistency
13: Esmé Shirlow: The Rule of Law, Standards of Review, and the Separation of Powers
14: Steffen Hindelang, Patricia Sarah Stöbener de Mora, and Niels Lachmann: Risking the Rule of Law? The Relationship between Substantive Investment Protection Standards, Human Rights and Sustainable Development
15: Susan L. Karamanian: International Investment Agreements, Investor Obligations, and the Rule of Law
16: Krista Nadakavukaren Schefer: Domestic Investors, the Rule of Law, and Equality
17: Mavluda Sattorova: The Impact of Investment Protection Standards on the Rule of Law: Strengthening or Weakening the Domestic Rule of Law?
