Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t8hqh Total loading time: 0 Render date: 2024-11-25T16:02:38.909Z Has data issue: false hasContentIssue false

Introduction to Part I

International Investment Regulation

from Part I - International Investment Regulation

Published online by Cambridge University Press:  13 July 2023

Ivana Damjanovic
Affiliation:
Australian National University, Canberra
Get access

Summary

International investment law (IIL) and its dispute settlement mechanism is a rare model in international law that allows foreign investors to bring claims for monetary awards directly against States in an international forum, on the basis of international law. Traditionally, individuals have not been subjects of public international law, while State sovereignty has been the main tenet of public international law. How then could individuals, let alone foreign private entities, compel States to engage in dispute resolution with far-reaching consequences? Born out in the 1960s of necessity to protect cross-border investment flows, this area of international law has developed into an extensive and yet fragmented system of instruments for protection of foreign investments and liberalisation of international markets. The development of IIL in a relatively short period of time has been stimulated by an increase in the number of international investment agreements (IIAs) and driven by the rise of investment treaty arbitration (ITA) and jurisprudence. Consequently, the institutional design for investment disputes has become the focus of intense criticism. Debate has evolved around questions of the legitimacy of the international investment regime and its compliance with the rule of law.

Type
Chapter
Information
The European Union and International Investment Law Reform
Between Aspirations and Reality
, pp. 17 - 18
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Introduction to Part I
  • Ivana Damjanovic, Australian National University, Canberra
  • Book: The European Union and International Investment Law Reform
  • Online publication: 13 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009345422.006
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Introduction to Part I
  • Ivana Damjanovic, Australian National University, Canberra
  • Book: The European Union and International Investment Law Reform
  • Online publication: 13 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009345422.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction to Part I
  • Ivana Damjanovic, Australian National University, Canberra
  • Book: The European Union and International Investment Law Reform
  • Online publication: 13 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009345422.006
Available formats
×