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International Investment Law and Comparative Public Law$
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Stephan W. Schill

Print publication date: 2010

Print ISBN-13: 9780199589104

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199589104.001.0001

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Primary and Secondary Remedies in International Investment Law and National State Liability: A Functional and Comparative View

Primary and Secondary Remedies in International Investment Law and National State Liability: A Functional and Comparative View

Chapter:
(p.721) 23 Primary and Secondary Remedies in International Investment Law and National State Liability: A Functional and Comparative View
Source:
International Investment Law and Comparative Public Law
Author(s):

Anne van Aaken

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199589104.003.0023

International investment law creates an international level of review for (illegal) national regulations and laws and the conduct of administrative entities for foreign investors. It is state liability law for foreign investors. Whereas in national law, a right holder needs to take all (usual administrative and judicial) steps to have the illegality of an act reviewed (primary remedies), in investment law, the investor often has immediate access to courts without the exhaustion of local remedies and may immediately claim damages (secondary remedies). This difference justifies a functional comparison of national state liability regimes with international investment law. What are the rationales discussed for the different remedies found in national state liability law and in investment law? And do they have a rational justification in general and depending on the case in specific circumstances?

Keywords:   primary remedies, secondary remedies, state liability law, functional comparison

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