Investment Protection Standards and the Rule of Law

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Investment Protection Standards and the Rule of Law

Comparative law Public international law, economic and trade: investment treaties and disputes

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Language: English

Published by: OUP Oxford

Published on: 4th January 2023

Format: LCP-protected ePub

ISBN: 9780192679802


Introduction

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.

Perspectives Explored

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.

Methodology and Analysis

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.

Critical Discussion

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.

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