Jump to ContentJump to Main Navigation
International Investment Law and Comparative Public Law$
Users without a subscription are not able to see the full content.

Stephan W. Schill

Print publication date: 2010

Print ISBN-13: 9780199589104

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199589104.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 January 2021

International Investment Law and Comparative Public Law—an Introduction

International Investment Law and Comparative Public Law—an Introduction

(p.3) 1 International Investment Law and Comparative Public Law—an Introduction
International Investment Law and Comparative Public Law

Stephan W. Schill

Oxford University Press

This chapter provides an introduction to the conceptual foundations of the book. It points to the need to develop new conceptual approaches to remedy discontents that have emerged in relation to international investment law. It suggests that, institutional reform not being likely, the most promising avenue to increase accountability and legitimacy in this field is to conceptualize international investment law as a public law discipline that differs from both public international law and commercial arbitration. The public law dimensions, in fact, extend beyond the single host State and concern foreign investors and States more generally, as investment treaty arbitration increasingly develops into a mechanism of global governance with arbitral tribunals crafting and concretizing treaty-overarching standards of investment protection with prospective effects on host States and investors. Finally, comparative public law is introduced as a method for concretizing and legitimating standards of international investment law and arbitration.

Keywords:   comparative public law, public law, commercial arbitration, inter-State arbitration, global governance, legitimacy crisis

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .