Jump to ContentJump to Main Navigation
The Foundations of International Investment LawBringing Theory into Practice$
Users without a subscription are not able to see the full content.

Zachary Douglas, Joost Pauwelyn, and Jorge E. Viñuales

Print publication date: 2014

Print ISBN-13: 9780199685387

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199685387.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 19 October 2017

Ordering Paradigms in International Investment Law: Bilateralism—Multilateralism—Multilateralization

Ordering Paradigms in International Investment Law: Bilateralism—Multilateralism—Multilateralization

Chapter:
(p.108) (p.109) 4 Ordering Paradigms in International Investment Law: Bilateralism—Multilateralism—Multilateralization
Source:
The Foundations of International Investment Law
Author(s):

Stephan W. Schill

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199685387.003.0005

This chapter first examines the concepts of bilateralism and multilateralism, and their relevance. It then introduces the notion of multilateralization as a perspective that can overcome a schematic and static vision on ordering paradigms in international investment law (IIL). It focuses on the main source of IIL, namely international investment treaties, because these instruments are constitutive for the modern practice of IIL and investor-state arbitration. It shows how multilateral rationales play out in present-day IIL without claiming that bilateral thinking is inexistent in practice. It goes on to bridge the theoretical debate about ordering paradigms into practice and discusses how multilateral rationales play out in investment treaty arbitration, in particular in the process of interpretation of international investment agreements (IIAs), in reason-giving in arbitral decisions, and in the conceptualization of the role of arbitrators.

Keywords:   international investment treaties, investor-state arbitration, investment treaty arbitration, international investment agreements, arbitrators

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .