A NEW STRATOSPHERE? INVESTMENT TREATY ARBITRATION AS 'INTERNATIONALIZED PUBLIC LAW'. Issue 2 (30th April 2015)

• Record Type: Journal Article
• Is Part Of: International and comparative law quarterly. Volume 64:Issue 2(2015)
• Page Start: 461
• Page End: 485
• Publication Date: 2015-04-30
• Subjects: comparative public law, -- compensation, -- international public law, -- investment treaty arbitration, -- investor rights, -- public law, -- remedies, -- reparation, -- State responsibility; International law -- Periodicals; Comparative law -- Periodicals; 340.2
• DOI: 10.1017/S0020589315000135
• Languages: English
• ISSNs: 0020-5893

Abstract

Abstract: The idea of investment treaty arbitration as public law is in tension with the concept of international law as a law between representative public agencies. This concept of international law is valuable for its capacity to progress a broad range of public policy aims in an integrated and coordinated manner, including aims extending beyond the economic sphere such as international social, environmental, cultural and related aims. The probable effect on this concept of international law of a radical 'internationalized public law' approach to investment treaty arbitration requires further thought, especially with regard to the potential implications of recognizing investor rights under international law.