Stephan W. Schill

International investment law and comparative public law

PART I - CONCEPTS AND FOUNDATIONS PART II - INVESTOR RIGHTS IN COMPARATIVE PERSPECTIVE PART III - COMPARATIVE ADMINISTRATIVE AND COMPARATIVE CONSTITUTIONAL LAW ON SELECTED ISSUES PART IV - DISPUTE SETTLEMENT, ARBITRAL PROCEDURE, AND REMEDIES

Crafting the International Economic Order: The Public Function of Investment Treaty Arbitration and Its Significance for the Role of the Arbitrator

Investment treaty arbitration, unlike commercial arbitration, is not a purely private dispute settlement mechanism that is entirely subject to party autonomy and limited in its effects to the parties to the proceedings. Rather, it fulfils a public function in influencing the behaviour of foreign investors, states, and civil society more generally by crafting and concretizing international standards of investment protection. Investment treaty arbitration thus implements and operates as part of a public system of investment protection. Arbitrators, as a result, incur obligations not only towards the parties to the proceedings, but vis-a-vis the whole system of investment protection. These obligations can be conceptualized as part of the public law implications of investment treaty arbitration and affect, inter alia , the role and status of arbitrators in investment treaty disputes, the procedural maxims that such arbitrations should follow, and the way arbitral awards should be crafted.

System-Building in Investment Treaty Arbitration and Lawmaking

Since the late 1990s investment treaty arbitration has developed into one of the most vibrant fields of international dispute settlement with now almost 400 known cases.1 It involves claims by foreign investors against host States for breach of obligations assumed under one of the more than 2,700 bilateral investment treaties (BITs), under the numerous investment chapters in bilateral or regional free trade agreements including the North American Free Trade Agreement,3 or under sectoral treaties such as the Energy Charter Treaty.4 All of these instruments offer comprehensive protection to foreign investors by setting down principles of substantive investment protection, including national and most-favored-nation treatment, fair and equitable treatment, full protection and security, protection against expropriation without compensation, and free capital transfer.

Editorial: US versus EU Leadership in Global Investment Governance

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International investment law and development: bridging the gap

Foreign investment is meant to contribute to the host country’s development, and yet international investment law has often been seen as an obstacle to (sustainable) development. So are investment and development friends or foes? Combining critical reflection and detailed analysis, this timely volume explores the relationship between the two concepts and explores options of harnessing investment for development.

Sind Regelungen zur Investor-Staat-Streitbeilegung in EU-Freihandelsabkommen sinnvoll?

German Abstract: Der nachfolgende Beitrag arbeitet die Grunde heraus, die fur die Aufnahme von Regelungen zur Investor-Staat-Streitbeilegung in EU-Freihandelsabkommen angefuhrt werden konnen. Zudem zeigt er, welche Auswirkungen verfassungsrechtliche Wertungen auf die Ausgestaltung des Organisations- und Prozessrechts eines solchen Streitbeilegungsmechanismus haben mussen. Vor dem Hintergrund werden einerseits die im Abkommen mit Singapur und in CETA ursprunglich vorgesehenen Regelungen einer reformierten Investor-Staat-Schiedsgerichtsbarkeit und andererseits der Kommissionsvorschlag zur Schaffung eines stan-digen internationalen Investitionsgerichts kritisch gewurdigt. English Abstract: The paper analyzes the reasons why including provisions on investor-state dispute settlement in EU free trade agreements can be sensible. In addition, the paper discusses the impact rules and principles of constitutional law (discussed by reference to German constitutional law) have on how the institutional and procedural rules of such an investor-state dispute settlement mechanism should be cast. Against this background, the paper critically analyzes the rules on a reformed system of investor-state arbitration as included in the EU free trade agreement with Singapore (and initially in CETA) and the Commission’s proposal of establishing an ‘investment court system’ as now included in CETA.

Mainstreaming Investment Treaty Jurisprudence: The Contribution of Investment Treaty Tribunals to the Consolidation and Development of General International Law

The use of internal and external precedent has been studied in relation to numerous international courts and tribunals. The participation of investment treaty tribunals in judicial dialogues or judicial cross-fertilization, by contrast, has remained underexplored. The present article closes this gap and analyses both the use of internal and external precedent by investment tribunals and the way other courts and tribunals, both international and domestic, engage with investment treaty jurisprudence. We argue that investment tribunals, after having used internal and external precedent to consolidate international investment law as a uniform legal regime and embed it in the fabric of international law, have generated a body of investment treaty jurisprudence that other courts and tribunals are now starting to use as an authoritative source for the determination of rules of general international law. In contributing to the development of general international law, investment treaty tribunals are slowly but steadily moving mainstream, from the periphery of international dispute settlement towards its center.

Changing geography: prospects for Asian actors as global rule-makers in international investment law

The past years have witnessed a shift in the geography of international investment law from a transatlantic to a transpacific perspective. Asia has become the focal point in the field. This Perspective considers to which extent Asian actors can translate their new importance into global rule-making clout.

Special issue: Dawn of an Asian century in international investment law? An introduction

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Editorial: Opinion 2/13 - The End for Dispute Settlement in EU Trade and Investment Agreements?

Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: http://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible.