Research Handbook on Foreign Direct Investment
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Research Handbook on Foreign Direct Investment

Edited by Markus Krajewski and Rhea T. Hoffmann

Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.
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Chapter 2: Approaches to foreign direct investment in legal research

Stephan W Schill and Kerem Gülay

Abstract

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.

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