TY - JOUR

T1 - Oceans and space

T2 - New frontiers in investment protection? An introduction

AU - Schill, Stephan W.

AU - Tams, Christian J.

AU - Hofmann, Rainer

N1 - Stephan W Schill would like to acknowledge support in preparing this Special Issue by a European Research Council Starting Grant on ‘Transnational Private-Public Arbitration as Global Regulatory Governance: Charting and Codifying the Lex Mercatoria Publica’ (LexMercPub – Grant Agreement No 313355) carried out at the Amsterdam Center for International Law (ACIL) of the University of Amsterdam.

PY - 2018

Y1 - 2018

N2 - This article provides background and introduces into the overarching themes of the contributions to the Special Issue dealing with investment protection in areas beyond territorial jurisdiction at sea and in outer space. It explains that fast-paced commercialization, evolving technological advances, and the inevitable need for regulatory intervention make the oceans and space into an increasingly important topic in international investment law. At the same time, investment lawyers, as well as experts in the law of the sea and space law, have largely ignored the legal issues foreign investments raise in these spaces. The article sketches out a framework for addressing the underlying issues from an investment law perspective, pointing out both familiar conceptual approaches and novel challenges.

AB - This article provides background and introduces into the overarching themes of the contributions to the Special Issue dealing with investment protection in areas beyond territorial jurisdiction at sea and in outer space. It explains that fast-paced commercialization, evolving technological advances, and the inevitable need for regulatory intervention make the oceans and space into an increasingly important topic in international investment law. At the same time, investment lawyers, as well as experts in the law of the sea and space law, have largely ignored the legal issues foreign investments raise in these spaces. The article sketches out a framework for addressing the underlying issues from an investment law perspective, pointing out both familiar conceptual approaches and novel challenges.

KW - foreign investment

KW - international investment treaties

KW - law of the sea

KW - oceans

KW - political risk

KW - space

KW - space law

KW - territory

KW - Law

UR - http://www.scopus.com/inward/record.url?scp=85061304431&partnerID=8YFLogxK

UR - https://www.mendeley.com/catalogue/8d6b7040-a2ce-3fc8-840d-986911ad1497/

U2 - 10.1163/22119000-12340119

DO - 10.1163/22119000-12340119

M3 - Scientific review articles

AN - SCOPUS:85061304431

VL - 19

SP - 765

EP - 774

JO - Journal of World Investment and Trade

JF - Journal of World Investment and Trade

SN - 1660-7112

IS - 5-6

ER -