DOMESTIC INVESTMENT STATUTES IN INTERNATIONAL LAW

• 成果类型: Article
• 署名作者: Hepburn, Jarrod
• 署名单位: University of Melbourne
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/ajil.2018.85
• 发表日期: 2018
• 页码: 658-706
• 关键词: state responsibility; TREATIES; RIGHTS; wrongfulness; COURTS; LIMITS; clash

摘要

Alongside now-controversial investment treaties, many states also maintain domestic investment statutes. Although these laws offer protections similar to investment treaties and are increasingly applied in investor-state arbitration, they have-unlike the treaties-attracted limited scholarly scrutiny. This article argues that investment statutes can plausibly be characterized either as unilateral acts in international law or as domestic law. The article examines the significant consequences that follow from these characterizations, providing the first comprehensive analysis of these hybrid statutes.