International investment law as transnational law

Nicolás M. Perrone

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review


This chapter examines the international investment regime through the lens of transnational law. It argues that this regime would not exist-or at least not in its current form-if it was not for the transnational ambition of some bankers, lawyers, and academics who dreamed of moving foreign investment relations beyond the traditional categories of public and private law and international and domestic law. The current normal in international investment law started with audacious treaty models, writings and awards. This chapter contrasts this approach with the important academic debates about this field, which have paradoxically focused on whether international investment law is public or private law or if international or domestic law should control foreign investment relations. To conclude, the chapter looks at the situation of local nonstate actors in foreign investor relations, examining whether they could also rely on audacious transnational legal thinking to protect their interests.

Original languageEnglish
Title of host publicationThe Oxford Handbook of Transnational Law
PublisherOxford University Press
Number of pages24
ISBN (Electronic)9780197547410
Publication statusPublished - 1 Jan 2021


  • International economic law
  • International investment law
  • Investor-state arbitration
  • Private international law
  • Public international law
  • Transnational law

ASJC Scopus subject areas

  • General Social Sciences


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