Matos, Shaun Joseph;
(2024)
The Incorporation of External Rules into International Investment Law.
Doctoral thesis (Ph.D), UCL (University College London).
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Abstract
International investment law is now replete with references to other areas of international law. Both treaty drafters and tribunals have borrowed rules and concepts from other areas of international law when giving shape and content to international investment obligations. Advocates for reforming the international investment system have also taken other areas of international law as a model, or called for the incorporation of particular rules into the international investment system. To date, however, there has been no framework for considering whether and when the incorporation of non-investment rules into the international investment system should occur. This thesis fills this gap. By drawing on Niklas Luhmann’s autopoietic systems theory, the thesis establishes a framework which allows for the principles evaluation of the incorporation of external rules into the system of international investment law. Whilst the thesis focuses on the incorporation of rules of international human rights law and the law of the WTO into international investment law, the insights offered have much broader relevance. After explaining the insights offered by autopoietic systems theory (Chapter I), the thesis discusses how public international law can be understood as being comprised of multiple (sub)systems (Chapter II). In Chapter III, the thesis views international investment law through the lens of autopoietic systems theory, discussing three possible views as to the function of international investment law. After exploring how tribunals have dealt with the question of incorporation (Chapter IV), Chapters V and VI discuss the possible disruptive effects which may follow the incorporation of particular non-investment rules into the international investment system. The concluding chapter then highlights the main contributions of the thesis, and identifies further issues worthy of additional research.
Type: | Thesis (Doctoral) |
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Qualification: | Ph.D |
Title: | The Incorporation of External Rules into International Investment Law |
Language: | English |
Additional information: | Copyright © The Author 2024. Original content in this thesis is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) Licence (https://creativecommons.org/licenses/by-nc/4.0/). |
UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
URI: | https://discovery.ucl.ac.uk/id/eprint/10192552 |
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