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 Law School Research Paper No. 2017-26

Amsterdam Center for International Law No. 2017-22

36 Pages Posted: 17 Mar 2017

See all articles by Stephan W. Schill

Stephan W. Schill

University of Amsterdam

Christian J. Tams

University of Glasgow, School of Law

Rainer Hofmann

Goethe University Frankfurt

Date Written: 2015

Abstract

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

Schill, Stephan W. and Tams, Christian J. and Hofmann, Rainer, International Investment Law and Development: Friends or Foes? (2015). 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 Law School Research Paper No. 2017-26, Amsterdam Center for International Law No. 2017-22, Available at SSRN: https://ssrn.com/abstract=2934251

Stephan W. Schill (Contact Author)

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

Christian J. Tams

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/

Rainer Hofmann

Goethe University Frankfurt ( email )

Gr├╝neburgplatz 1
Frankfurt am Main, 60323
Germany

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