Analogies in International Investment Law and Arbitration

By Valentina Vadi, Published by Cambridge University Press, December 2015

Many recent arbitral awards have determined the boundary between two conflicting values: the legitimate sphere for state regulation in the pursuit of public goods, and the protection of foreign private property from state interference. Can comparative reasoning help adjudicators in interpreting and applying broad and open-ended investment treaty provisions? Can the use of analogies contribute to the current debate over the legitimacy of investor–state arbitration? How should comparisons be made, and what are their limits? This book scrutinizes the impact a comparative approach can have on investment law, including on increasing its perceived legitimacy. Available at