Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-tj2md Total loading time: 0 Render date: 2024-04-18T02:32:19.367Z Has data issue: false hasContentIssue false

5 - International Investment Law and the Public Law Analogy

Published online by Cambridge University Press:  24 May 2019

Daniel Peat
Affiliation:
Universiteit Leiden
Get access

Summary

The relative novelty of the international investment regime has led authors to draw analogies with a range of other systems, from international commercial arbitration to human rights law, in order to respond to the host of theoretical and practical challenges the regime poses. Of these analogies, perhaps the most interesting is the parallel drawn with domestic public law. Advocates of the analogy argue that investment disputes are ‘regulatory dispute[s] arising between the state (acting in a public capacity) and an individual who is subject to the exercise of public authority by the state’ in much the same way as public and administrative law disputes relate to the exercise of public authority in domestic legal systems. They contend that this functional similarity means that it is beneficial to look to domestic public law to fill gaps, resolve ambiguities or understand the nature of the international investment regime.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

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
×