Rethinking Investment Law

The book Rethinking Investment Law challenges the conventional view of investment law as a just restraint on government and politics, arguing that it constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected and provides cutting-edge analysis for researchers, practitioners, and students.

Format: Hardback
Length: 272 pages
Publication date: 07 December 2023
Publisher: Oxford University Press

Investment law and arbitration have a significant impact on the regulatory and policy space of host states. Investment tribunals have the power to review state measures and have shown a remarkable lack of restraint in their decisions. Despite investment law's assertiveness, it is often viewed as a just and defensible restraint on government and politics.

This volume aims to challenge the prevailing view and provide a more balanced perspective on investment law. It explores how investment law protections for foreign investors can limit states' autonomy and overcompensate investors. The book offers a more nuanced understanding of how international law can protect all stakeholders, not just foreign investors.

Expert contributors provide insights into both conventional law and its limitations, challenging the doctrines that have become widely entrenched in orthodox accounts of investment law. They propose a more respectful approach to states' roles and responsibilities in enacting laws in the public interest.

This text is valuable for students and academics in investment law, international economic law, and related fields. It offers cutting-edge analysis and insights for researchers, practitioners, and students seeking to understand and question the usual standards of treatment under investment treaties.

Weight: 538g
Dimension: 161 x 241 x 22 (mm)
ISBN-13: 9780192871084