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 Law School Research Paper No. 2017-13

Amsterdam Center for International Law No. 2017-12

22 Pages Posted: 6 Mar 2017 Last revised: 2 Dec 2019

See all articles by Christian J. Tams

Christian J. Tams

University of Glasgow, School of Law

Stephan W. Schill

University of Amsterdam

Rainer Hofmann

Goethe University Frankfurt

Date Written: March 3, 2017

Abstract

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

Tams, Christian J. and Schill, Stephan W. and Hofmann, Rainer, International Investment Law and the Global Financial Architecture: Identifying Linkages, Mapping Interactions (March 3, 2017). 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 Law School Research Paper No. 2017-13, Amsterdam Center for International Law No. 2017-12, Available at SSRN: https://ssrn.com/abstract=2926863

Christian J. Tams (Contact Author)

University of Glasgow, School of Law ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/

Stephan W. Schill

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

Rainer Hofmann

Goethe University Frankfurt ( email )

Grüneburgplatz 1
Frankfurt am Main, 60323
Germany

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