Stephan W Schill and Felix Boos
Stephan W Schill and Kerem Gülay
The analysis of legal aspects of FDI has led to a veritable boom in scholarship and the emergence of a separate legal discipline at the intersection of international and national, public and private law. Building on a broad understanding of legal approaches to FDI, as encompassing substance and procedure under both national and international law and soft law regulation, the chapter first provides an overview over the architecture of the legal regime governing FDI and argues that FDI regulation is best understood as a transnational legal order. It also analyses the core conceptualizations of the field in legal scholarship and investment law practice and introduces methods for legal research. On this basis, the chapter develops a typology of research questions in international investment law and provides an overview of theoretical approaches to international investment law and methods of legal research.
Stephan W. Schill, Christian J. Tams and Rainer Hofmann
This chapter provides a critical introduction into the state of the art of historical approaches to international investment law. Reviewing the status quo, it traces the use of historical arguments in investor-state dispute settlement and provides an overview of the existing, historically informed scholarship in the field. The chapter then focuses on the blindspots in the historical analysis of international investment law and sketches out how a fuller and more reflective engagement with, and use of, the historical method could benefit the field. To illustrate the potential of historical approaches, the chapter then situates the different contributions to the present book. It concludes by suggesting that historical approaches to international investment law could not only enrich this specialized field of international law, but also stimulate, more generally, the interest of international legal historiography in international economic law and the economic foundations of international law.