About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

52 Va. J. Int'l L. 57 (2011-2012)
Enhancing International Investment Law's Legitimacy: Conceptual and Methodological Foundations of a New Public Law Approach

handle is hein.journals/vajint52 and id is 62 raw text is: Enhancing International Investment Law's Legitimacy: Conceptual and Methodological Foundations of a New Public Law Approach STEPHAN W. SCHILL* Numerous crides quesdon the legitimay of internadonal investment law and investor-state arbitration, arguing that this field of law and dispute resolution presents a threat to foundadonal principles of domesdc public law, including democray and the rule of law. Many of these crides therefore demand institutional reform, and some states follow suit, by recrafting international investment treades and restricting investor-state arbitradon. In response to this backlash, this Article proposes to react to the challenges international investment law poses for domesic public law values in a more construeive fashion. Instead of demanding the recrafting of international investment law, or even the abolishment of investor-state arbitraion, in order to vindicate public law values, this Artide recommends an expansion ofpublc law thinking within the existing structure of investment treaty arbitration itself To this end, it outlines the conceptual and methodological foundadons of a new pubic law approach to international investment law, which arguably has the potential to enhance the acceptance and legidmay of internadonal investment law as a whole. The Artcle suggests that international investment law and investment treay arbitration should be conceptualZed as public law discplnes and integrated into a public law model that transcends territorial borders. Investment treaties should be interpreted, investor-state disputes resolved, and system- internal reform proposed by recourse to public law thinking and a spefic public law method, namely comparative public law. According#, problems arising in * Senior Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg; Rechtsanwalt (admitted to the bar in Germany); Attorney-at-Law (New York); LL.M. in European and International Economic Law (Universitit Augsburg, 2002); LL.M. in International Legal Studies (New York University, 2006); Dr. iur. (Johann Wolfgang Goethe-Universitit Frankfurt am Main, 2008). I would like to thank Armin von Bogdandy, Juan Pablo Bohoslavsky, Marc Jacob, and Michael Waibel for comments on earlier versions of this Article. This Article is based on my earlier work, Intemadonal In*stment Law and Compaaive Pubkc Law - An Intmduedon, in INTERNATIONAL INVESTMENT LAW AND COMPARATIVE PUBLIC LAW 3 (Stephan W. Schill ed., 2010).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most