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Reforming International Investment Law: Institutional Change v....

Stephan Schill, LL.M. (Augsburg) 2002; LL.M. (NYU) 2006; Dr. iur. (Frankfurt) 2008, is Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law and Principal...

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The Virtues of Investor-State Arbitration

In my last post I discussed the different options for reforming investor-state dispute settlement put forward in a recent UNCTAD policy paper and argued that enacting institutional reforms without...

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The Public Law Paradigm in International Investment Law

In my last post, I discussed the virtues of investor-State arbitration and suggested that this dispute settlement system could react to current criticism by reconceptualizing the system from within. To...

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Comparative Public Law Methodology in International Investment Law

In my last post I argued that investment law should be reconceived as a system of public law adjudication in order to react to current criticism. The debate over the role of public law in investment...

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The Public Law Approach in the Practice of Investment Treaty Arbitration

In my last post, I discussed how comparative public law methodology could inform the resolution of investor-State disputes and thus help to reform the system from within. This may sound like a view...

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Arbitrator Independence and Academic Freedom

In international law, members of the discipline often fill a variety of professional roles. Many are scholars and practitioners at the same time; some even act in capacities that are mutually...

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Towards a Constitutional Law Framework for Investment Law Reform

Reforming international investment law and investor-state arbitration is a widespread concern. This is nowhere more manifest than in the heated debates (in Germany and elsewhere) about the EU-Canada...

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The Mauritius Convention on Transparency: A Model for Investment Law Reform?

In the midst of heated debates on investor-State dispute settlement in Europe, on 10 December 2014 the United Nations General Assembly adopted the United Nations Convention on Transparency in...

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The Constitutional Frontiers of International Economic Law

The End of Mega-Regionalism? The future of ‘mega-regionals’, like the Trans-Pacific Partnership (TPP) or the Transatlantic Trade and Investment Partnership (TTIP), has become doubtful since President...

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