Investment Protection Standards and the Rule of Law

This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime.

Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.

August Reinisch, Professor of International and European Law, University of Vienna,Stephan W. Schill, Professor of International and Economic Law and Governance, University of Amsterdam

August Reinisch is Professor of International and European Law at the University of Vienna. He is a member of the International Law Commission, the Court of the Permanent Court of Arbitration, and the Institut de Droit International. He is president of the Austrian Branch of the International Law Association, and former president of the German Society of International Law. Professor Reinisch has also served as an arbitrator in investment cases mostly under ICSID and UNCITRAL rules, and has provided expert opinions in the field.

Stephan W. Schill is Professor of International and Economic Law and Governance at the University of Amsterdam, specializing in international investment law and investor-State dispute settlement. He is admitted to the bar in Germany and New York, is a Member of the ICSID List of Arbitrators, and acts regularly as an arbitrator in investor-State arbitrations. He also serves as Co-Editor-in-Chief of The Journal of World Investment & Trade, and General Editor of ICCA Publications and the Yearbook Commercial Arbitration.

1. Investment Protection Standards and the Rule of Law: An Introduction, August Reinisch and Stephan W. Schill
Part I: Standards of Treatment as Rule of Law Demands for Domestic Regulatory Action
2. The Rule of Law and Fair and Equitable Treatment, Martins Paparinskis
3. Legitimate Expectations and the Rule of Law in International Investment Law, Caroline Henckels
4. (Direct and Indirect) Expropriation and the Rule of Law, Marc Bungenberg
5. Full Protection and Security and the Rule of Law, Sebastián Mantilla Blanco
6. International Investment Law's Non-Discrimination Norms and the Rule of Law, Elizabeth Whitsitt
7. Regulatory Transparency in International Investment Law: From an Investment Protection Requirement to a Rule-of-Law Requirement, Manjiao Chi
Part II: Standards of Treatment as Interfaces between International and Domestic Rule of Law
8. Rule of Law Demands and the Domestic Judiciary: Denial of Justice, Judicial Expropriation, Effective Means, Ursula Kriebaum
9. Umbrella Clauses and the Rule of Law, Arnaud de Nanteuil
10. The Use of Investment Treaty Standards to Enforce Other International Legal Regimes and Domestic Law, Velimir Zivkovic
11. Legality Requirements: Managing the Tension between the Domestic and the International Rule of Law, Martin A. Jarrett
Part III: Rule of Law Concerns in Substantive Standards of Treatment
12. Two Moralities of Consistency, Julian Arato
13. The Rule of Law, Standards of Review, and the Separation of Powers, Esmé Shirlow
14. Risking the Rule of Law? The Relationship between Substantive Investment Protection Standards, Human Rights and Sustainable Development, Steffen Hindelang, Patricia Sarah Stöbener de Mora, and Niels Lachmann
15. International Investment Agreements, Investor Obligations, and the Rule of Law, Susan L. Karamanian
16. Domestic Investors, the Rule of Law, and Equality, Krista Nadakavukaren Schefer
17. The Impact of Investment Protection Standards on the Rule of Law: Strengthening or Weakening the Domestic Rule of Law?, Mavluda Sattorova