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International Investment Law and Comparative Public Law

Stephan W. Schill

Abstract

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (as regards procedure). However, in essence and function it deals with a special, internationalized form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. It essentially constitutes a public law discipline. Investment ... More

Keywords: international investment law, investor-State arbitration, general principles of law, comparative law, public law, cross-regime fertilization, convergence, fragmentation, public interest, investors rights

Bibliographic Information

Print publication date: 2010 Print ISBN-13: 9780199589104
Published to Oxford Scholarship Online: January 2011 DOI:10.1093/acprof:oso/9780199589104.001.0001

Authors

Affiliations are at time of print publication.

Stephan W. Schill, editor
Attorney-at-Law (New York); Senior Research Fellow, Max Planck Institute for Comparative Public Law and International Law

Contents

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Part I Concept and Foundations

Part II Investor Rights in Comparative Perspective

Part III Comparative Administrative and Comparative Constitutional Law on Selected Issues

Part IV Dispute Settlement, Arbitral Procedure, and Remedies

End Matter