The WTO and International Investment Law
Converging Systems

Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.

Jürgen Kurtz (Author)

9781108458252, Cambridge University Press

Paperback / softback, published 12 April 2018

325 pages
23 x 15.3 x 1.8 cm, 0.5 kg

'The WTO and International Investment Law offers the reader an intriguing picture of the current state of international investment law … highly recommended reading for everyone interested in the current as well as the future development of international investment law.' Ond?ej Svoboda, Czech Yearbook of Public & Private International Law

International law has historically regulated foreign trade and foreign investment differently. Distinct evolutionary pathways have led to variances in treaty form, institutional culture, and dispute settlement. With their inevitable erosion through the late twentieth to early twenty-first centuries, those weak boundaries have become porous and indefensible. Powerful economic, legal and sociological factors are now pushing the two systems together. In this book, Jürgen Kurtz systematically explores the often complex and little-understood dynamics of this convergence phenomenon. Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. The book also offers reform ideas and possibilities, providing treaty negotiators and other government officials with a set of theoretical insights and doctrinal models that can guide actors in building a justifiable and sustainable level of commonality between the two legal systems.

1. Introduction
2. History
3. National treatment
4. Science as a common proxy for rational regulation
5. Common exceptions and derogations
6. Dispute settlement
7. Conclusion.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], Settlement of international disputes [LBH], International economic & trade law [LBBM], Law [L]