Jump to ContentJump to Main Navigation
The Foundations of International Investment LawBringing Theory into Practice$
Users without a subscription are not able to see the full content.

Zachary Douglas, Joost Pauwelyn, and Jorge E. Viñuales

Print publication date: 2014

Print ISBN-13: 9780199685387

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199685387.001.0001

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: 21 January 2022

The Sociology of International Investment Law

The Sociology of International Investment Law

(p.142) (p.143) 5 The Sociology of International Investment Law
The Foundations of International Investment Law

Moshe Hirsch

Oxford University Press

This chapter examines the interaction between international investment law (IIL) and human rights law, and the issue of precedent in investment treaty arbitration from a sociological perspective. It argues that the socio-cultural distance between the particular branches of international law affects the inclination of relevant decision-makers to incorporate or reject legal rules developed in other branches of international law. It shows that investment tribunals' tendency to follow a series of consistent rulings by other investment tribunals is linked to the concepts of social norms, social control, and conformity in the investment arbitration community, as well as the particular role of the influential core-group of frequent arbitrators in the investment social network. Investment tribunals' inclination to accept rulings of the International Court of Justice (ICJ) is linked to the concepts of social status and reference group in sociological literature.

Keywords:   human rights law, investment treat arbitration, precedent, sociological dimension, international tribunals, social norms, social control, conformity

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 .