Book contents
- Comparative Reasoning in International Courts and Tribunals
- Cambridge Studies in International and Comparative Law: 145
- Comparative Reasoning in International Courts and Tribunals
- Copyright page
- Contents
- Foreword
- Preface
- Table of Cases
- Table of Treaties
- Abbreviations
- 1 Introduction
- 2 The Limits of the Vienna Convention
- 3 Domestic Law in the Jurisprudence of the International Court of Justice
- 4 The Interpretation of Schedules of Commitments in the WTO
- 5 International Investment Law and the Public Law Analogy
- 6 Consensus Doctrine in the European Court of Human Rights
- 7 Domestic Law and System Building in the ICTY
- 8 Conclusion
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
5 - International Investment Law and the Public Law Analogy
Published online by Cambridge University Press: 24 May 2019
- Comparative Reasoning in International Courts and Tribunals
- Cambridge Studies in International and Comparative Law: 145
- Comparative Reasoning in International Courts and Tribunals
- Copyright page
- Contents
- Foreword
- Preface
- Table of Cases
- Table of Treaties
- Abbreviations
- 1 Introduction
- 2 The Limits of the Vienna Convention
- 3 Domestic Law in the Jurisprudence of the International Court of Justice
- 4 The Interpretation of Schedules of Commitments in the WTO
- 5 International Investment Law and the Public Law Analogy
- 6 Consensus Doctrine in the European Court of Human Rights
- 7 Domestic Law and System Building in the ICTY
- 8 Conclusion
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
Summary
The relative novelty of the international investment regime has led authors to draw analogies with a range of other systems, from international commercial arbitration to human rights law, in order to respond to the host of theoretical and practical challenges the regime poses. Of these analogies, perhaps the most interesting is the parallel drawn with domestic public law. Advocates of the analogy argue that investment disputes are ‘regulatory dispute[s] arising between the state (acting in a public capacity) and an individual who is subject to the exercise of public authority by the state’ in much the same way as public and administrative law disputes relate to the exercise of public authority in domestic legal systems. They contend that this functional similarity means that it is beneficial to look to domestic public law to fill gaps, resolve ambiguities or understand the nature of the international investment regime.
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- Comparative Reasoning in International Courts and Tribunals , pp. 107 - 139Publisher: Cambridge University PressPrint publication year: 2019