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Clash of paradigms: actors and analogies shaping the investment treatys system

Roberts, Anthea (2013) Clash of paradigms: actors and analogies shaping the investment treatys system. American Journal of International Law, 107 (1). pp. 45-94. ISSN 0002-9300

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Abstract

When seeking to understand the nature of the investment treaty system, participants routinely draw analogies from and with public international law, international commercial arbitration, public law, trade law, and human rights law. However, these analogies frequently point to distinct (and sometimes clashing) conclusions as a result of differences in their underlying paradigms. This article examines what each paradigm reveals and obscures about the investment treaty system and how the backgrounds and interests of different actors inform their choice of analogies.

Item Type: Article
Official URL: http://www.asil.org/ajil.cfm
Additional Information: © 2013 American Society of International Law
Library of Congress subject classification: J Political Science > JX International law
K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 05 Mar 2013 11:44
URL: http://eprints.lse.ac.uk/46075/

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