Collected Courses of the Hague Academy of International Law

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Aspects économiques du droit international privé (Volume 307)

(155,845 words)

Author(s): Muir Watt, Horatia
Muir Watt, Horatia Keywords: Economy | Globalization | Private international law | Mots clefs: Economie | Mondialisation | Droit international privé | ABSTRACT Professor Muir-Watt shows in her course that, because of economic globalization, private international law is at the same time subjected to a movement towards privatization and a movement towards politicization of disputes. The movement towards the privatization of international law results from national legislations that are made to compete and are subjected t…

The Public International Law Regime Governing International Investment (Volume 344)

(142,300 words)

Author(s): Enrique Alvarez, José
Enrique Alvarez, José Keywords: Foreign direct investment | Public international law | Legal regime | Economy | Globalization | Sovereignty | United States of America | Bilateral investment treaties | Argentina | Mots clefs: Investissements directs à l'étranger | Droit international public | Régime juridique | Economie | Mondialisation | Souveraineté | Etats-Unis d'Amérique | Traités bilatéraux d'investissement | Argentine | ABSTRACT This course considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international investment regime should no longer be described as a species of territorial “empire” imposed by rich capital exporters on capital importers. He examines the evolution of investment treaties and investor-State jurisprudence constante and identifies the connections between these and general trends within public international law, including the increased resort to treaties (“treatification”), growing risks to the law’s consistency (“fragmentation”), and the proliferation of forms of international adjudication (“judicialization”). Professor Alvarez also considers whether the regime’s efforts to “balance” the needs of non-State investors and sovereigns ought to be characterized as “global administrative law”, as a form of “constitutionalization”, or as an increasingly human-rights-c…