International Investment Law and the Global Financial Architecture
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Cheltenham: Edward Elgar Publishing, 2017. 364 p.
Research output: Books and anthologies › Book
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TY - BOOK
T1 - International Investment Law and the Global Financial Architecture
A2 - Tams, Christian
A2 - Schill, Stephan
A2 - Hofmann, Rainer
A2 - Asteriti, Alessandra
N1 - Publisher Copyright: © The Editors and Contributors Severally 2017. All rights reserved.
PY - 2017/2/24
Y1 - 2017/2/24
N2 - The global crises of the early 21st century have tested the international financial architecture. In seeking to ensure stability, governments have regulated financial and capital markets. This in turn has implicated international investment law, which investors have invoked as a shield against debt restructuring, bail-ins or bail-outs. This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it.Across the diverse chapters herein, expert international scholars assess the key challenges facing decision makers, analyse arbitral and treaty practice and evaluate ways towards a balanced system of investment protection in the financial sector. In doing so, they offer a detailed analysis of the interaction between investment protection and financial regulation in fields such as sovereign debt restructuring and bank rescue measures.Combining high-level analysis with a detailed assessment of controversial legal issues, this book will provide guidance for both academics and legal practitioners working in international economic law, international arbitration, investment law, international banking and financial law.
AB - The global crises of the early 21st century have tested the international financial architecture. In seeking to ensure stability, governments have regulated financial and capital markets. This in turn has implicated international investment law, which investors have invoked as a shield against debt restructuring, bail-ins or bail-outs. This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it.Across the diverse chapters herein, expert international scholars assess the key challenges facing decision makers, analyse arbitral and treaty practice and evaluate ways towards a balanced system of investment protection in the financial sector. In doing so, they offer a detailed analysis of the interaction between investment protection and financial regulation in fields such as sovereign debt restructuring and bank rescue measures.Combining high-level analysis with a detailed assessment of controversial legal issues, this book will provide guidance for both academics and legal practitioners working in international economic law, international arbitration, investment law, international banking and financial law.
KW - Law
KW - Trade law
KW - international Investment law
KW - Finance and Banking Law
KW - Economic Law
UR - http://www.scopus.com/inward/record.url?scp=85076000741&partnerID=8YFLogxK
U2 - 10.4337/9781785368882
DO - 10.4337/9781785368882
M3 - Book
SN - 978-1-78536-887-5
BT - International Investment Law and the Global Financial Architecture
PB - Edward Elgar Publishing
CY - Cheltenham
ER -