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Research Seminar - Professor Stephan Schill, University of Amsterdam

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Location: S2.12 Law School, Social Sciences Building

International Investment Law and Community Interests: 'Towards a Public Interest-Based Rationale for Protecting Foreign Investors under International Investment Agreements'

Abstract: In contemporary discourse, international investment law (IIL) and investor-state dispute settlement (ISDS) are often perceived as threats to community interests in one-sidedly protecting foreign investors and undermining public policies that are to the benefit of the local population and the international community. The paper forwards a different perspective. First, it argues that IIL properly construed can be conceptualized as protecting community interests, because it is part of the legal infrastructure necessary for the functioning of the global economy under a rule of law framework. Aimed at supporting economic growth, this helps further economic and noneconomic community interests, including sustainable development. Second, the paper argues that IIL and ISDS do not turn a blind eye to the conflicts that can arise between economic and noneconomic community interests, such as environmental protection or human rights. Instead, IIL and ISDS have numerous mechanisms at their disposal for alleviating tensions with noneconomic community interests.

 

 

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