全球化与国际投资法的交织路径

IF 1 Q2 LAW
Agata Ferreira
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引用次数: 1

摘要

国际投资法已成为全球经济治理的有力工具。凭借其遍布全球的国际投资条约网络和有效的仲裁机制,它从一个相对小众和被低估的国际法领域,实现了非凡的飞跃,成为最著名的法律制度之一。本文旨在说明全球化与国际投资法的演进轨迹是如何交织在一起的。本文以全球化现象为背景,跟踪国际投资法的历史展开,追溯自欧洲利益扩张和资本输出到国际投资法律框架形成以来的全球化进程历史。全球化与国际投资法的演变始终交织在一起,相互依存,经历了加速、转型、调整和进步的相似阶段。本文发现,当今全球化时代的特点是跨国利益和全球联系日益复杂和多样化;国际投资法也是如此,它正在进行改革,目的是在国际投资关系中纳入更广泛的背景和利益。该分析有助于更全面地理解这两种现象的相互依存关系,有助于解释国际投资法如何成为如此强大的、全球公认的和适用的法律制度。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Intertwined paths of globalization and international investment law
International investment law has become a powerful tool of global economic governance. With its global network of international investment treaties and effective arbitration mechanism, it has made an extraordinary leap from a relatively niche and underrated area of international law to one of the most prominent legal regimes. This paper aims to illustrate how the evolutionary trajectories of globalization and international investment law have been intertwined.,This paper follows the historical unfolding of international investment law against the background of the globalization phenomenon, tracing the history of globalization processes since the expansion of European interests and export of capital and the onset of the international investment legal framework.,The evolution of globalization and international investment law has always been intertwined and co-dependent, experiencing similar phases of acceleration, transformation, adjustment and progress. This paper finds that the current era of globalization is characterized by an increasing complexity and diversity of transnational interests and global connections; this is also true for international investment law, which is undergoing changes aimed at including wider contexts and interests in international investment relations.,The analysis contributes to a more holistic understanding of the interdependence of these two phenomena, helping to explain how international investment law has become such a powerful, globally recognized and applied legal regime.
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来源期刊
CiteScore
1.10
自引率
11.10%
发文量
8
期刊介绍: The Journal of International Trade Law and Policy is a peer reviewed interdisciplinary journal with a focus upon the nexus of international economic policy and international economic law. It is receptive, but not limited, to the methods of economics, law, and the social sciences. As scholars tend to read individual articles of particular interest to them, rather than an entire issue, authors are not required to write with full accessibility to readers from all disciplines within the purview of the Journal. However, interdisciplinary communication should be fostered where possible. Thus economists can utilize quantitative methods (including econometrics and statistics), while legal scholars and political scientists can invoke specialized techniques and theories. Appendices are encouraged for more technical material. Submissions should contribute to understanding international economic policy and the institutional/legal architecture in which it is implemented. Submissions can be conceptual (theoretical) and/or empirical and/or doctrinal in content. Topics of interest to the Journal are expected to evolve over time but include: -All aspects of international trade law and policy -All aspects of international investment law and policy -All aspects of international development law and policy -All aspects of international financial law and policy -Relationship between economic policy and law and other societal concerns, including the human rights, environment, health, development, and national security
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