National Contestation of International Investment Law and International Rule of Law
Prabhash Ranjan, 'National Contestation of International Investment Law and International Rule of Law in M Kanetake and A Nollkaemper (eds) Rule of Law at National and International Levels: Contestations and Deference (Oxford: Hart Publishing: 2016) 115-142
25 Pages Posted: 2 Jun 2014 Last revised: 30 Jun 2018
Date Written: May 1, 2014
The purpose of this chapter is to analyse the impact of national contestation of international investment law on international rule of law elements adopted by international investment law. These national contestations have triggered a public debate and churning on how to re-craft BITs in a manner that balances investment protection with the host states’ right to regulate in public interest. It has activated the global community to develop innovative solutions to strengthen the adjudicative process. The chapter concludes by noting that national contestations appear to undermine the international rule of law, but they do not. These national contestations provide an opportunity for a critical revision of the elements of international rule of law.
Keywords: International Investment Law, BITs, Rule of Law, International Rule of Law, Contestations
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