The public international law regime governing international investment /
Alvarez, José E., 1955-
The public international law regime governing international investment / by José Enrique Alvarez. - Leiden ; Boston : Martinus Nijhoff Publishers, 2011. - 1 online resource (197-541 pages) : illustrations. - The pocket books of the Hague Academy of International Law . - Pocket books of the Hague Academy of International Law. .
Cover title. At head of title: Hague Academy of International Law. "Offprint from the Recueil des cours, volume 344 (2009)." "Printed for private circulation only."
Includes bibliographical references (pages 517-541).
This monograph considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international investment regime should no longer be described as a species of territorial "empire" imposed by rich capital exporters on capital importers. He examines the evolution of investment treaties and investor-State jurisprudence constante and identifies the connections between these and general trends within public international law, including the increased resort to treaties ("treatification"), growing risks to the law's consistency ("fragmentation"), and the proliferation of forms of international adjudication ("judicialization"). Professor Alvarez also considers whether the regime's efforts to "balance" the needs of non-State investors and sovereigns ought to be characterized as "global administrative law,\' as a form of "constitutionalization," or as an increasingly human-rights-centred enterprise.
9789004249936 (electronic bk.) 9004249931 (electronic bk.)
Investments, Foreign (International law)
Investissements étrangers (Droit international)
LAW--Securities.
Investments, Foreign (International law)
Electronic books.
Electronic books.
K3830 / .A48 2011eb
346.092
The public international law regime governing international investment / by José Enrique Alvarez. - Leiden ; Boston : Martinus Nijhoff Publishers, 2011. - 1 online resource (197-541 pages) : illustrations. - The pocket books of the Hague Academy of International Law . - Pocket books of the Hague Academy of International Law. .
Cover title. At head of title: Hague Academy of International Law. "Offprint from the Recueil des cours, volume 344 (2009)." "Printed for private circulation only."
Includes bibliographical references (pages 517-541).
This monograph considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international investment regime should no longer be described as a species of territorial "empire" imposed by rich capital exporters on capital importers. He examines the evolution of investment treaties and investor-State jurisprudence constante and identifies the connections between these and general trends within public international law, including the increased resort to treaties ("treatification"), growing risks to the law's consistency ("fragmentation"), and the proliferation of forms of international adjudication ("judicialization"). Professor Alvarez also considers whether the regime's efforts to "balance" the needs of non-State investors and sovereigns ought to be characterized as "global administrative law,\' as a form of "constitutionalization," or as an increasingly human-rights-centred enterprise.
9789004249936 (electronic bk.) 9004249931 (electronic bk.)
Investments, Foreign (International law)
Investissements étrangers (Droit international)
LAW--Securities.
Investments, Foreign (International law)
Electronic books.
Electronic books.
K3830 / .A48 2011eb
346.092