International Investment Law and Development


International Investment Law and Development

Bridging the Gap

9781784711344 Edward Elgar Publishing
Edited by Stephan W. Schill, Professor of International and Economic Law and Governance, University of Amsterdam, the Netherlands, Christian J. Tams, Professor of International Law, University of Glasgow, UK and Rainer Hofmann, Professor of Public Law, Public International Law and European Law, University of Frankfurt, Germany
Publication Date: 2016 ISBN: 978 1 78471 134 4 Extent: 488 pp
Foreign investment is meant to contribute to the host country’s development, and yet international investment law has often been seen as an obstacle to (sustainable) development. So are investment and development friends or foes? Combining critical reflection and detailed analysis, this timely volume explores the relationship between the two concepts and explores options of harnessing investment for development.

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International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development.

The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples.

Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.
Contributors: W. Ben Hamida, C. Binder, J. Bonnitcha, M.-C. Cordonier Segger, D.A. Desierto, M.G. Desta, I. Feichtner, M.W. Gehring, A.R. Hippolyte, R. Hofmann, K. Magraw, K.Nadakavukaren Schefer, V. Prislan, Y. Radi, A. Saldarriaga, S.W. Schill, M. Sornarajah, C.J. Tams, C. Tan, R. Zandvliet


1. International Investment Law and Development: Friends or Foes?
Stephan W. Schill, Christian J. Tams and Rainer Hofmann

2. Developing Countries in the Investment Treaty System: A Law for Need or a Law for Greed?
Muthucumaraswamy Sornarajah

3. International Investment Law and Development: A History of Two Concepts
Yannick Radi

4. Overcoming Obstacles with Opportunities: Trade and Investment Agreements for Sustainable Development
Markus W. Gehring and Marie-Claire Cordonier Segger

5. UNCTAD’s Effort to Foster the Relationship between International Investment Law and Sustainable Development
Andrea Saldarriaga and Kendra Magraw

6. Reviving the Emperor’s Old Clothes: The Good Governance Agenda, Development and International Investment Law
Celine Tan

7. Aspiring for a Constructive TWAIL Approach Towards the International Investment Regime
Antonius R. Hippolyte

8. Sovereignty over Natural Resources and International Investment Law: The Elusive Search for Equilibrium
Melaku Geboye Desta

9. International (Investment) Law and Distribution Conflicts over Natural Resources
Isabel Feichtner

10. Democracy, Development and Compensation under Investment Treaties: The Case of Transition from Authoritarian Rule
Jonathan Bonnitcha

11. Investment Treaties and Democratic Transition: Does Investment Law Authorize Not to Honor Contracts Concluded with Undemocratic Regimes?
Walid Ben Hamida

12. The International Mandate for Development: Building Compliant Investment within the State’s Development Decision-Making Processes
Diane A. Desierto

13. The Law of Investment Protection and Poverty Reduction
Krista Nadakavukaren Schefer

14. Mainstreaming Sustainable Development into International Investment Agreements: What Role for Labor Provisions?
Vid Prislan and Ruben Zandvliet

15. Investment, Development and Indigenous Peoples
Christina Binder


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