International Investment Law and the Global Financial Architecture: Identifying Linkages, Mapping Interactions
Forthcoming in Christian J. Tams, Stephan W. Schill and Rainer Hofmann (eds), International Investment Law and the Global Financial Architecture (Cheltenham: Edward Elgar, 2017) 3-22.
Amsterdam Center for International Law No. 2017-12
22 Pages Posted: 6 Mar 2017 Last revised: 2 Dec 2019
Date Written: March 3, 2017
The global crises of the early 21st century that have tested the international financial architecture. In seeking to ensure stability, governments have regulated financial and capital markets. This in turn has implicated international investment law, which investors have invoked as a shield against debt restructuring, bail-ins or bail-outs. Serving as an introduction to a book project on International Investment Law and the Global Financial Architecture, and summarizing its contributions, the paper maps out the interactions between international investment law and international financial regulation and considers how to conceptualize and draw the line between legitimate financial regulation and re-regulation for the protection of macro-economic stability and undue interference with investor rights.
Keywords: International Investment Law, Investor-State Arbitration, International Finance International Financial Law, Fragmentation, Sovereign Debt, Bank Rescue Measures, Macro-Economic Stability
JEL Classification: K33
Suggested Citation: Suggested Citation