Attempts at developing a theory of international investment law are
complicated by the fact that this field of international law is
based on numerous, largely bilateral treaties and is implemented by
arbitral panels established on a case-by-case basis. This suggests
a fragmented and chaotic state of the law, with different levels of
protection depending on the sources and targets of foreign
investment flows. This book, however, forwards the thesis that
international investment law develops, despite its bilateral form,
into a multilateral system of law that backs up the functioning of
a global market economy based on converging principles of
investment protection. In discussing the function of
most-favored-nation clauses, the possibilities of treaty-shopping
and the impact of investor-State arbitration with its intensive
reliance on precedent and other genuinely multilateral approaches
to treaty interpretation, it offers a conceptual framework for
understanding the nature and functioning of international
investment law as a genuinely multilateral system.
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