International Investment Law and Development: Friends or Foes?
published in Stephan W Schill, Christian J Tams and Rainer Hofmann (eds), International Investment Law and Development: Bridging the Gap (Cheltenham: Edward Elgar Publishing, 2015) 3-42. DOI: 10.4337/9781784711351.00008
Amsterdam Center for International Law No. 2017-22
36 Pages Posted: 17 Mar 2017
Date Written: 2015
Although there is broad consensus that investment, including foreign investment, can have a positive impact on economic development, the relationship between international investment law and international development law has long been a history of ignorance and mistrust. The literature and jurisprudence on international investment law until recently has largely treated the law of international development in passing. Many works on international development law, in turn, pay no more than lip-service to investment protection. Critics have even seen investment law as an obstacle to sustainable development. Serving as an introduction to the book International Investment Law and Development: Bridging the Gap, the present paper maps out the conceptual relations between international investment law and development and discusses how the existing gap can be bridged through a more comprehensive and integrated vision on investment and development.
Keywords: international investment treaties, investment arbitration, development, right to development, sustainable development, good governance, legitimacy crisis
JEL Classification: K33
Suggested Citation: Suggested Citation