Navigating the Expanding Universe of International Treaties on Foreign Investment -- Creation and Use of a Critical Index

Journal of International Economic Law 18(1)

37 Pages Posted: 8 Mar 2015

See all articles by Julien Chaisse

Julien Chaisse

City University of Hong Kong (CityU) - Centre for Chinese & Comparative Law

Christian Bellak

WU, Vienna University of Economics and BA

Date Written: March 7, 2015

Abstract

There have been many successful attempts to analyse most of the rules and principles that make up the substance of the international law of foreign investment. There is, however, a lack of a general theory, or, at least, a tool which would allow us to analyse, compare, and make sense of this expanding patchwork of international rules on foreign investment. This article precisely aims at explaining how a combination of legal and economic perspectives can help to break new ground and allow both economists and lawyers to further grasp and analyse the complexity of the current regulatory framework. We created an index, called 'BITSel Index', which can help to link case studies to broader analysis and, conversely, more general theories with specific cases; this will help to conduct broader investigation among the large numbers of treaties and link general analysis to specific provisions or practices. Such an effort is not only an intellectual challenge but it also has practical and policy-oriented ramifications, especially in the light of the recurring debate on the effect of investment treaties on Foreign Direct Investment (FDI) flows.

Suggested Citation

Chaisse, Julien and Bellak, Christian, Navigating the Expanding Universe of International Treaties on Foreign Investment -- Creation and Use of a Critical Index (March 7, 2015). Journal of International Economic Law 18(1), Available at SSRN: https://ssrn.com/abstract=2575018

Julien Chaisse (Contact Author)

City University of Hong Kong (CityU) - Centre for Chinese & Comparative Law ( email )

83 Tat Chee Avenue
Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong
(852) 3442 8008 (Phone)
(852) 3442 0190 (Fax)

HOME PAGE: http://https://www.cityu.edu.hk/slw/people/people_chaisse_julien.html

Christian Bellak

WU, Vienna University of Economics and BA ( email )

Welthandelsplatz 1
Vienna, Vienna 1020
Austria
00431313364505 (Phone)

HOME PAGE: http://https://www.wu.ac.at/u/bellak/

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