Primary and Secondary Remedies in Investment Arbitration and State Liability: A Functional and Comparative View
ISBN
978-0-19-958910-4
Type
book section
Date Issued
2010
Author(s)
Editor(s)
Schill, Stephan W.
Abstract
International investment law creates an international level of review for (illegal) national regulations and laws and the conduct of administrative entities for foreign investors. It is state liability law for foreign investors. Whereas in national law, a right holder needs to take all (usual administrative and judicial) steps to have the illegality of an act reviewed (primary remedies), in investment law, the investor often has immediate access to courts without the exhaustion of local remedies and may immediately claim damages (secondary remedies). This difference justifies a functional comparison of national state liability regimes with international investment law. What are the rationales discussed for the different remedies found in national state liability law and in investment law? And do they have a rational justification in general and depending on the case in specific circumstances?
Language
English
HSG Classification
not classified
Refereed
No
Book title
International Investment Law and Comparative Public Law
Publisher
Oxford University Press
Publisher place
Oxford
Start page
721
End page
754
Pages
34
Subject(s)
Division(s)
Eprints ID
206309