Tams, Christian J.; Schill, Stephan W.; Hofmann, Rainer --- "International investment law and the global financial architecture: Identifying linkages, mapping interactions" [2017] ELECD 458; in Tams, J. Christian; Schill, W. Stephan; Hofmann, Rainer (eds), "International Investment Law and the Global Financial Architecture" (Edward Elgar Publishing, 2017) 3

Book Title: International Investment Law and the Global Financial Architecture

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

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785368875

Section: Chapter 1

Section Title: International investment law and the global financial architecture: Identifying linkages, mapping interactions

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

Number of pages: 20

Abstract/Description:

Linkages between international investment law and other areas of international law and regulation are frequently explored. Investment law’s relationships with human rights, environmental protection and the law of sustainable development have been studied in detail; interactions with other areas of international economic law (such as international trade disciplines) also attract much attention. This notwithstanding, scholarship so far remains rather unbalanced as many white spots remain on the academic map. The relationship between international investment law and the relatively fuzzy regime of rules regulating global financial markets is one such white spot. This regime, which is referred to here as the ‘global financial architecture’, consists of binding and non-binding rules of national, regional, supranational, and international law that are dispersed across different regimes, including European Union (EU) law, world trade law, the international law governing capital controls, banking and financial market regulation. It is influenced by institutions as diverse as the World Trade Organization (WTO), the International Monetary Fund (IMF), or the International Organization of Securities Commissions (IOSCO). The global financial architecture is clearly related to international investment law, but quite how the two regimes affect each other still remains uncertain and insufficiently conceptualized. The contributions to the present book seek to dispel some of that uncertainty and map out linkages. The book proceeds from the assumption that the interactions between international investment law and the global financial architecture are increasingly important, and that they should be studied in more detail. They are not entirely novel, to be sure.