Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-m42fx Total loading time: 0 Render date: 2024-07-17T20:07:41.076Z Has data issue: false hasContentIssue false

4 - The role of international law in the construction of fair and equitable treatment

Published online by Cambridge University Press:  05 July 2011

Roland Kläger
Affiliation:
Higher Regional Court of Frankfurt
Get access

Summary

A Fragmentation and international investment law

International investment law is part of international economic law and therefore also a component of general international law. Such a truism may be proved by a glance within any textbook. Nevertheless, it appears to be worth mentioning here, since international investment law has evolved into a very specialised field of international law that is mainly governed by a dense network of investment treaties and practised by a growing, but still limited, community of arbitrators, counsellors and scholars. Moreover, the conclusion of BITs was intended, at least partly, to displace the vague customary international law regime, which had previously dominated the regulation of foreign investments. In addition, the growing body of arbitral case law is gradually becoming a self-referential system that is displaying an increased momentum of its own, with a diminishing necessity to consider external sources of law or other judicial decisions. To such an extent, the emergence of international investment law as a specialised field of international law as well as the consolidation and deepening of its standards entails a certain decoupling from the general rules of international law. Therefore, modern international investment law not only forms a spearhead of legal and economic globalisation, contributing to a global streamlining of investment-related regulations, but has also evolved as a highly specialised and relatively autonomous sphere of international law.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×