Journal article

Prospects in International Investment Law and Policy

Juergen Kurtz

JOURNAL OF WORLD INVESTMENT & TRADE | BRILL ACADEMIC PUBLISHERS | Published : 2015

Abstract

This review essay identifies two fundamental flaws in much of the secondary literature examining international investment law. The first is a clear attention to disciplines other than law in identifying and understanding the justifications for constraints on state regulation vis-à-vis foreign investment. Secondly, there are stubborn vestiges of self-containment among a sizeable set of legal commentators in this field. This typically reaches its apotheosis in instinctive and hostile opposition to usage of lessons and techniques employed in international trade law. Measured against the direction and nature of contemporary state practice, this type of older commentary is rapidly approaching an ..

View full abstract

University of Melbourne Researchers