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A Sociology of International Investment Law
David Schneiderman
2026
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This chapter examines the interaction between international investment law (IIL) and human rights law, and the issue of precedent in investment treaty arbitration from a sociological perspective. It argues that the socio-cultural distance between the particular branches of international law affects the inclination of relevant decision-makers to incorporate or reject legal rules developed in other branches of international law. It shows that investment tribunals' tendency to follow a series of consistent rulings by other investment tribunals is linked to the concepts of social norms, social control, and conformity in the investment arbitration community, as well as the particular role of the influential core-group of frequent arbitrators in the investment social network. Investment tribunals' inclination to accept rulings of the International Court of Justice (ICJ) is linked to the concepts of social status and reference group in sociological literature.
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Keywords
- Conformity
- human rights law
- International tribunals
- Investment treat arbitration
- Precedent
- Social control
- Social norms
- Sociological dimension
- thema EDItEUR::J Society and Social Sciences::JH Sociology and anthropology::JHB Sociology
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general
Links
DOI: 10.1093/acprof:oso/9780199685387.003.0006Editions