Investment Law and Public Services

Abstract

Despite this apparently limited interest concerning the relationship between public services and investment law in contemporary academic and political discourses,this paper demonstrates why and how that relationship is worth further reflection and discussion. The paper begins with a brief approach to the notion of public services and to the implications of international commercial interests for the provision of public services. The next section suggests some explanations why the impact of investment law on public services has not yet been a subject of significant debates. The remainder of the paper focusses on the impact of investment agreements on public services by discussing key elements of international investment law (scope of investment agreements, expropriation and standards of treatment). That section suggests areas of contention between investment law and public services, but also asks whether investment law may contribute to the effective and universal supply of public services. The paper concludes with a short summary of its main arguments.