
Contents
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I. Introduction I. Introduction
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II. Jurisdiction, Authority, and Transnational Law II. Jurisdiction, Authority, and Transnational Law
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II.1. Jurisdiction and Authority II.1. Jurisdiction and Authority
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II.2. Transnational Law II.2. Transnational Law
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III. International Investment Law III. International Investment Law
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III.1. The Classic IIL Paradigm III.1. The Classic IIL Paradigm
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III.2. Hybrid Authority—the Host State and the Foreign Investor III.2. Hybrid Authority—the Host State and the Foreign Investor
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III.3. Hybrid Authority—the Host State and Investment Arbitration III.3. Hybrid Authority—the Host State and Investment Arbitration
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III.4. Preliminary Conclusion III.4. Preliminary Conclusion
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IV. Changing Jurisdictional Practices IV. Changing Jurisdictional Practices
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V. Conclusion V. Conclusion
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18 International Investment Law, Hybrid Authority, and Jurisdiction
Get accessEdward Guntrip is a Lecturer in Law at the University of Sussex. His research considers how public international law governs economic activities undertaken in foreign jurisdictions and in areas beyond state jurisdiction. Edward has written blogs for EJIL Talk! and has published on these topics in various journals, including the International and Comparative Law Quarterly.
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Published:04 October 2019
Cite
Abstract
This chapter discusses the extent to which contemporary approaches to jurisdiction can be applied to hybrid exercises of state and non-state authority in international investment law. Relying on theories of relative authority and transnational law, it demonstrates that jurisdiction needs to be reformulated to capture exercises of hybrid authority in international law. If jurisdiction cannot address hybrid authority, it will continue to overlook significant exercises of authority within international investment law. Based on how hybrid authority functions in international investment law, the chapter then highlights that the role of the state in international law has altered from being a welfare state to a competition state. Yet, the jurisdictional framework has not adapted to the altered function of the state. Hence, despite the common use of hybrid authority in international investment law, it cannot be accommodated within the jurisdictional framework.
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