International investment law: some legal cultural insights



Publication Details

C. B. Picker, 'International investment law: some legal cultural insights' in L. E. Trakman & N. W. Ranieri(eds), Regionalism in International Investment Law (2013) 27-58.


A legal cultural analysis can be a very useful device when considering legal systems and traditions. Previous such analyses by the author have provided interesting insights into the legal culture of international fields and organizations.1 Each of those examinations presented new challenges for the methodology as well as new opportunities for the methodology to be tested and expanded. This chapter will apply that methodological approach to international investment law. In the process of that examination, this chapter will confront fresh obstacles and issues and consequently will further develop the methodology. It should not be surprising that international investment law presents its own challenges and requires its own individual approach, for it is a dynamic and expansive field in its own right. Nonetheless, as will be shown below, the methodology once again proves its worth by providing insights for those involved in international investment law -- from scholars to practitioners to arbitrators and regulators. Any insights that can help develop our understanding of the field should be welcomed, for international investment law, despite the many controversies surrounding it, is a field that has tremendous ability to enhance the lives of people around the world by providing employment, infrastructure, and better living conditions, and generally contributing to the improvement of people's lives.2

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