The Private Law Critique of International Investment Law

American Journal of International Law, Vol. 113, No. 1, 2019

53 Pages Posted: 13 Sep 2018 Last revised: 15 Jan 2019

Date Written: 2018

Abstract

International investment law goes further in disciplining states’ internal policy space than is commonly understood. This Article argues that investment treaties subtly constrain how nations organize their internal systems of private law – including laws of property, contracts, corporations, and IP. Problematically, they do so on a one-size-fits-all model, disregarding the wide variation in values reflected in these discrete legal institutions. Moreover, investor-state dispute settlement exacerbates these constraints, further distorting national private law arrangements. This hidden aspect of the system produces distinct problems of inefficiency, unfairness, and inequitable distribution that have eluded the regime’s critics and apologists alike.

Keywords: International Law, International Investment Law, Contracts, Property, Corporations, IP

JEL Classification: K11, K12, K20, K33, F21, F23, F53, F55

Suggested Citation

Arato, Julian, The Private Law Critique of International Investment Law (2018). American Journal of International Law, Vol. 113, No. 1, 2019. Available at SSRN: https://ssrn.com/abstract=3246425 or http://dx.doi.org/10.2139/ssrn.3246425

Julian Arato (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
367
rank
79,209
Abstract Views
1,619
PlumX Metrics
!

Under construction: SSRN citations while be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information