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This edited volume explores the connection between the rule of law and substantive standards of treatment in international investment agreements. It also analyses to what extent these standards of treatment can be understood as positive expressions of the rule of law.
List of contents
- 1: August Reinisch and Stephan W. Schill: Investment Protection Standards and the Rule of Law: An Introduction
- Part I: Standards of Treatment as Rule of Law Demands for Domestic Regulatory Action
- 2: Martins Paparinskis: The Rule of Law and Fair and Equitable Treatment
- 3: Caroline Henckels: Legitimate Expectations and the Rule of Law in International Investment Law
- 4: Marc Bungenberg: (Direct and Indirect) Expropriation and the Rule of Law
- 5: Sebastián Mantilla Blanco: Full Protection and Security and the Rule of Law
- 6: Elizabeth Whitsitt: International Investment Law's Non-Discrimination Norms and the Rule of Law
- 7: Manjiao Chi: Regulatory Transparency in International Investment Law: From an Investment Protection Requirement to a Rule-of-Law Requirement
- Part II: Standards of Treatment as Interfaces between International and Domestic Rule of Law
- 8: Ursula Kriebaum: Rule of Law Demands and the Domestic Judiciary: Denial of Justice, Judicial Expropriation, Effective Means
- 9: Arnaud de Nanteuil: Umbrella Clauses and the Rule of Law
- 10: Velimir Zivkovic: The Use of Investment Treaty Standards to Enforce Other International Legal Regimes and Domestic Law
- 11: Martin A. Jarrett: Legality Requirements: Managing the Tension between the Domestic and the International Rule of Law
- Part III: Rule of Law Concerns in Substantive Standards of Treatment
- 12: Julian Arato: Two Moralities of Consistency
- 13: Esmé Shirlow: The Rule of Law, Standards of Review, and the Separation of Powers
- 14: Steffen Hindelang, Patricia Sarah Stöbener de Mora, and Niels Lachmann: Risking the Rule of Law? The Relationship between Substantive Investment Protection Standards, Human Rights and Sustainable Development
- 15: Susan L. Karamanian: International Investment Agreements, Investor Obligations, and the Rule of Law
- 16: Krista Nadakavukaren Schefer: Domestic Investors, the Rule of Law, and Equality
- 17: Mavluda Sattorova: The Impact of Investment Protection Standards on the Rule of Law: Strengthening or Weakening the Domestic Rule of Law?
About the author
August Reinisch is Professor of International and European Law at the University of Vienna. He is a member of the International Law Commission, the Court of the Permanent Court of Arbitration, and the Institut de Droit International. He is president of the Austrian Branch of the International Law Association, and former president of the German Society of International Law. Professor Reinisch has also served as an arbitrator in investment cases mostly under ICSID and UNCITRAL rules, and has provided expert opinions in the field.
Stephan W. Schill is Professor of International and Economic Law and Governance at the University of Amsterdam, specializing in international investment law and investor-State dispute settlement. He is admitted to the bar in Germany and New York, is a Member of the ICSID List of Arbitrators, and acts regularly as an arbitrator in investor-State arbitrations. He also serves as Co-Editor-in-Chief of The Journal of World Investment & Trade, and General Editor of ICCA Publications and the Yearbook Commercial Arbitration.
Summary
This edited volume explores the connection between the rule of law and substantive standards of treatment in international investment agreements. It also analyses to what extent these standards of treatment can be understood as positive expressions of the rule of law.
