Fragmentation of International Law: The Case of International Investment Protection

van Aaken, Anne

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Fragmentation of International Law: The Case of International Investment Protection

Published in: Finnish Yearbook of International Law (2008) Vol. XVII, pp. 91-130.

U. of St. Gallen Law & Economics Working Paper No. 2008-01

24 Pages Posted: 26 Feb 2008 Last revised: 16 Jul 2014

See all articles by Anne van Aaken

Anne van Aaken

Max Planck Institute for Research on Collective Goods; University of Hamburg, Law School

Abstract

International investment law has become one of the fastest evolving as well as one of the most contentious issues in international economic law. But whereas much discussion on fragmentation in international economic law until now has focused on the World Trade Organization (WTO) and the relationship between the WTO Agreements and other issue areas of international law, such as multilateral environmental agreements or international human rights law, investment and - issues have been comparatively neglected, though they have become an ever more important problem. This article connects the fragmentation debate in international law with international investment law and jurisprudence with a view to substantive conflicts and possibilities of harmonious interpretation as well as institutional problems.

Keywords: International investment law, fragmentation

JEL Classification: K33

Suggested Citation: Suggested Citation

van Aaken, Anne and van Aaken, Anne, Fragmentation of International Law: The Case of International Investment Protection. Published in: Finnish Yearbook of International Law (2008) Vol. XVII, pp. 91-130., U. of St. Gallen Law & Economics Working Paper No. 2008-01, Available at SSRN: https://ssrn.com/abstract=1097529