TY - CHAP

T1 - Radiating effects

T2 - The gentle impact of international investment law on general international law

AU - Tams, Christian J.

AU - Schill, Stephan W.

AU - Hofmann, Rainer

N1 - Publisher Copyright: © The Editors and Contributors Severally 2023.

PY - 2023/1/1

Y1 - 2023/1/1

N2 - This chapters introduces key themes to be explored in the book. It begins by setting out the relationship between international investment law and general international law, noting that the former is a special regime that remains embedded in the general framework of international law. This embeddedness has been the focus of much attention, notably by commentators seeking to show that, notwithstanding investment law’s specialty, general international law remains relevant, to fill gaps and to provide interpretative direction. By contrast, there is relatively little debate as to whether investment law could have ‘radiating effects’, viz. influence general international law - the guiding question animating the present volume. The chapter emphasises the potential for such radiating effects: investment lawyers have, for decades, worked with general rules of State responsibility, the law of treaties, and general principles governing the resolution of international disputes; in the process, they have applied, interpreted, and often moulded the general rules. So far, general international lawyers seem to pay limited (but gradually increasing) attention to the results of the rich investment law practice. The chapter highlights the potential for investment law to radiate, and concludes with a plea for a fuller engagement, encouraging international lawyers working in other fields to tap into the rich body of investment practice.

AB - This chapters introduces key themes to be explored in the book. It begins by setting out the relationship between international investment law and general international law, noting that the former is a special regime that remains embedded in the general framework of international law. This embeddedness has been the focus of much attention, notably by commentators seeking to show that, notwithstanding investment law’s specialty, general international law remains relevant, to fill gaps and to provide interpretative direction. By contrast, there is relatively little debate as to whether investment law could have ‘radiating effects’, viz. influence general international law - the guiding question animating the present volume. The chapter emphasises the potential for such radiating effects: investment lawyers have, for decades, worked with general rules of State responsibility, the law of treaties, and general principles governing the resolution of international disputes; in the process, they have applied, interpreted, and often moulded the general rules. So far, general international lawyers seem to pay limited (but gradually increasing) attention to the results of the rich investment law practice. The chapter highlights the potential for investment law to radiate, and concludes with a plea for a fuller engagement, encouraging international lawyers working in other fields to tap into the rich body of investment practice.

KW - General international law

KW - Investment arbitration

KW - Radiating effects

KW - Self-contained regime

KW - Special regime

KW - Systemic integration

KW - Law

UR - http://www.scopus.com/inward/record.url?scp=85166107104&partnerID=8YFLogxK

U2 - 10.4337/9781800884069.00007

DO - 10.4337/9781800884069.00007

M3 - Chapter

AN - SCOPUS:85166107104

SN - 9781800884052

T3 - Frankfurt Investment and Economic Law series

SP - 2

EP - 30

BT - International Investment Law and General International Law

A2 - Tams, Christian

A2 - Schill, Stephan

A2 - Hofmann, Rainer

PB - Edward Elgar Publishing

ER -