Tams, J. Christian; Schill, W. Stephan; Hofmann, Rainer --- "International Investment Law and the Global Financial Architecture" (Edward Elgar Publishing, 2017) [2017] ELECD 453

Editor(s): Tams, J. Christian; Schill, W. Stephan; Hofmann, Rainer

Title: International Investment Law and the Global Financial Architecture

Series: Frankfurt Investment and Economic Law series

Topics: Finance and Banking Law; International Economic Law, Trade Law; International Investment Law

Publisher: Edward Elgar Publishing

Date of Publication: 24 February 2017

Number of pages: c 384

ISBN (hard cover): 9781785368875

EISBN: 9781785368882

Abstract/Description:

The global crises of the early 21st century have tested the international financial architecture. In seeking to ensure stability, governments have regulated financial and capital markets. This in turn has implicated international investment law, which investors have invoked as a shield against debt restructuring, bail-ins or bail-outs. This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it.

Across the diverse chapters herein, expert international scholars assess the key challenges facing decision makers, analyse arbitral and treaty practice and evaluate ways towards a balanced system of investment protection in the financial sector. In doing so, they offer a detailed analysis of the interaction between investment protection and financial regulation in fields such as sovereign debt restructuring and bank rescue measures.

Combining high-level analysis with a detailed assessment of controversial legal issues, this book will provide guidance for both academics and legal practitioners working in international economic law, international arbitration, investment law, international banking and financial law.