Sources of International Investment Law: Multilateralization, Arbitral Precedent, Comparativism, Soft Law

Forthcoming, Jean d’Aspremont and Samantha Besson (eds.), The Oxford Handbook on the Sources of International Law (Oxford University Press, 2017)

Amsterdam Law School Research Paper No. 2017-19

Amsterdam Center for International Law No. 2017-16

22 Pages Posted: 13 Mar 2017

Date Written: March 13, 2017

Abstract

This paper discusses the use of sources of international law in the settlement of disputes arising under bilateral, regional and multilateral investment treaties and investment chapters in free trade agreements, focusing specifically on particularities this field of international law displays in comparison to general international law. It addresses, first, the importance of bilateral treaties in international investment law (IIL) and shows that their bilateral form is not opposed to the emergence of a genuinely multilateral regime of IIL. Second, the paper turns to the preeminent importance arbitral decisions assume in determining and developing the content of IIL. Third, the paper addresses the increasing influence of comparative law in IIL and its impact on its understanding of sources. Fourth, the paper discusses how soft law instruments influence IIL, even though they are not binding law. It argues that the particular ‘sources-mix’ in IIL is chiefly a product of the existence of compulsory dispute settlement through investment treaty arbitration and the sociological composition of the field.

Keywords: sources, international investment law, investment treaties, investment arbitration, multilateralization, precedent, jurisprudence constante, arbitral law-making, comparative law, soft law

JEL Classification: K33

Suggested Citation

Schill, Stephan W., Sources of International Investment Law: Multilateralization, Arbitral Precedent, Comparativism, Soft Law (March 13, 2017). Forthcoming, Jean d’Aspremont and Samantha Besson (eds.), The Oxford Handbook on the Sources of International Law (Oxford University Press, 2017); Amsterdam Law School Research Paper No. 2017-19; Amsterdam Center for International Law No. 2017-16. Available at SSRN: https://ssrn.com/abstract=2932159

Stephan W. Schill (Contact Author)

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

Register to save articles to
your library

Register

Paper statistics

Downloads
389
Abstract Views
1,183
rank
75,861
PlumX Metrics