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Jürgen KURTZ

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On Inter-Disciplinary and Inter-Systemic Approaches to International Investment Law

Roberto Echandi and Pierre Sauvé (eds.), Prospects in International Investment Law and Policy. Cambridge: Cambridge University Press, 2013. Pp. 491. $120. ISBN: 9781107035867.

Jürgen Kurtz

This review essay identifies two fundamental flaws in much of the secondary literature examining international investment law. The first is a clear attention to disciplines other than law in identifying and understanding the justifications for constraints on state regulation vis-à-vis foreign investment. Secondly, there are stubborn vestiges of self-containment among a sizeable set of legal commentators in this field. This typically reaches its apotheosis in instinctive and hostile opposition to usage of lessons and techniques employed in international trade law. Measured against the direction and nature of contemporary state practice, this type of older commentary is rapidly approaching an overdue expiry date. Prospects in International Investment Law and Policy marks a welcome and significant break from these flawed pathologies. Many of the contributions will shape the contours of innovative and important scholarship in this field. It is a collection that merits careful and repeated consideration.