A New Stratosphere? Investment Treaty Arbitration as ‘Internationalized Public Law’

2015 64(2) International and Comparative Law Quarterly 461-485

Posted: 3 May 2015

See all articles by Caroline E. Foster

Caroline E. Foster

University of Auckland - Faculty of Law

Date Written: May 1, 2015

Abstract

The idea of investment treaty arbitration as public law is in tension with the concept of international law as a law between representative public agencies. This concept of international law is valuable for its capacity to progress a broad range of public policy aims in an integrated and coordinated manner, including aims extending beyond the economic sphere such as international social, environmental, cultural and related aims. The probable effect on this concept of international law of a radical ‘internationalized public law’ approach to investment treaty arbitration requires further thought, especially with regard to the potential implications of recognizing investor rights under international law.

Keywords: comparative public law, compensation, international public law, investment treaty arbitration, investor rights, public law, remedies, reparation, State responsibility

Suggested Citation

Foster, Caroline E., A New Stratosphere? Investment Treaty Arbitration as ‘Internationalized Public Law’ (May 1, 2015). 2015 64(2) International and Comparative Law Quarterly 461-485. Available at SSRN: https://ssrn.com/abstract=2601255

Caroline E. Foster (Contact Author)

University of Auckland - Faculty of Law ( email )

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Auckland Mail Centre
Auckland, 1142
New Zealand

HOME PAGE: http://www.law.auckland.ac.nz/uoa/law/about/staff/caroline_foster.cfm

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