The Private Law Critique of International Investment Law

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

71 Pages Posted: 13 Sep 2018 Last revised: 21 Oct 2018

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, Forthcoming). 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

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