Abstract
No Western publication on international investment law (IIL) has ever specifically undertaken a comparative study of Russian and Western doctrines of IIL. Although Russian scholars often contrast Western and Russian approaches to international law, scholars in the West mostly proceed without any discussion of Russian practice and perspectives. To fill this gap, this essay introduces the Russian approach to IIL and contrasts it with its Western counterpart. In particular, we show that the Russian approach focuses far more extensively on the nature and categorization of IIL and treats IIL primarily as private international law rather than public international law. The distinctive Russian approach has practical relevance for states and scholars, in part because it helps to explain why Russia has resisted efforts to reform investor-state dispute settlement.
Highlights
No Western publication on international investment law (IIL) has ever undertaken a comparative study of Russian and Western doctrines of IIL
Other Russian scholars argue that IIL is better treated as “a stand-alone legal form which is in line with other fundamental fields of law.”[2]. On this view, IIL is a separate field of law with unique purposes and special principles.[3]
One scholar who adheres to this view describes IIL as “a system of principles and norms governing a wide range of relations between States and other subjects of international law about the introduction and operation of investments, their legal status, [and] investors’ protection and guarantees, as well as investment dispute settlement procedure.”[4]
Summary
INTERNATIONAL INVESTMENT LAW AS INTERNATIONAL LAW: RUSSIAN AND WESTERN APPROACHES. No Western publication on international investment law (IIL) has ever undertaken a comparative study of Russian and Western doctrines of IIL. Russian scholars often contrast Western and Russian approaches to international law, scholars in the West mostly proceed without any discussion of Russian practice and perspectives. To fill this gap, this essay introduces the Russian approach to IIL and contrasts it with its Western counterpart. We show that the Russian approach focuses far more extensively on the nature and categorization of IIL and treats IIL primarily as private international law rather than public international law. The distinctive Russian approach has practical relevance for states and scholars, in part because it helps to explain why Russia has resisted efforts to reform investor-state dispute settlement
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