International Investment Law and Comparative Public Law
Product details
Biographical note
Stephan Schill is a senior research fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. He is admitted to practice as a "Rechtsanwalt " in Germany and as an Attorney-at-law in New York. He was formerly the international arbitration law clerk to the Honorable Charles N. Brower, 20 Essex Street Chambers, London. As such, he worked on international commercial and investor-State disputes under various arbitral rules, including ICSID, NAFTA, ICC, SCC, LCIA and UNCITRAL Rules. Prior to that he was a Research Scholar at New York University School of Law and a law clerk to Judge Abdul G. Koroma at the International Court of Justice. He holds a Ph.D./Dr. iur. from Johann Wolfgang Goethe-Universität Frankfurt am Main that he prepared under the supervision of Prof. Dr. Armin von Bogdandy. He authored several articles in leading international law journals and a book on The Multilateralization of International Investment Law.^iInternational Investment Law and Comparative Public Law^r is timely, well structured, and thoroughly researched. It is impossible to do full justice to this important collection in this short review; it suffices to say that it constitutes a valuable contribution to legal scholarship and illustrates the extent to which convergence between international investment law and comparative public law is occurring.
Valentina Vadi, Journal of International Economic Law
This work is clearly ahead of the curve, measured by the very fact that highly sensitive ongoing claims (including Philip Morriss ongoing investment treaty challenge against Australian law mandating plain packaging for cigarettes) are characterized by a request for primary remedies such as cessation and discontinuance.
Jürgen Kurtz, American Journal of International Law
Schill's collection offers a rich set of comparative insights.
Jürgen Kurtz, American Journal of International Law
Investment arbitration has its procedural roots in commercial arbitration. Yet international investment law has strong affinities to public law: its primary function is to provide a check on the host State's power to interfere with foreign investments. Therefore, in functional terms investment arbitration may be seen as akin to administrative and constitutional judicial review. The essays contained in this volume explore the public law origin and background of international investment law from a comparative perspective. The comparison includes national legal systems as well as international subsystems such as human rights law, European law and WTO law. This book closes an important gap in the rapidly growing literature on international investment law. The approach taken by its editor makes a valuable contribution to a better understanding and more refined interpretation of treaties for the protection of foreign investments.
Christoph Schreuer
The most important book for investment arbitration in a decade. Arbitrators have been adrift in a sea of discretion as they attempt to fill out the content of vague standards. This book provides guidance and a method that will shape the arguments of counsel and provide a reasoned basis for decision. A critical step in saving investment arbitration has been taken.
David D. Caron, University of California at Berkeley
...I am confident it will spark debate in many areas of international investment law and provide somewhat of a blueprint for subsequent comparative analysis that aim at informing public international law.
European Journal of International Law