Reconciling Domestic Property Regimes and International Investment Protection : Origins, Comparisons and Contestations / Inga Martinkute.

Format:

Book

Author/Creator:

Martinkute, Inga, author.

Series:

International Law E-books Online, Collection 2026.

International Law E-books Online, Collection 2026

Language:

English

Physical Description:

1 online resource (316 pages)

Edition:

1st ed.

Other Title:

Origins, Comparisons and Contestations

Place of Publication:

Leiden ; Boston : Brill | Nijhoff, 2026.

Language Note:

English

Summary:

International investment law has faced an ongoing dilemma over the past decade, torn between promoting a universal standard for stability and economic growth and addressing criticisms of high costs and limited development impact. This book explores the gap and interplay between domestic property laws and international investment protection, analysing various national regimes and their evolution, alongside international human rights mechanisms. It reveals how different legal systems balance private property rights with broader social interests like health, environment, heritage, security, and markets, using individualistic and communitarian property paradigms.

Contents:

Contents

Abbreviations

1 Introduction

1 The Parallel between Property and Investment

2 Finding the Proper Applicable Law

3 Comparative Approach and Scope

4 The West and the Rest through Property Prism

5 One-Size Investment Does Not Fit All States

6 Structure of the Book

2 Philosophical Framework for Property Protection

1 Property Law: Relative or Universal?

2 Two Opposing Views of Property

3 The Rise of Individualistic Approach to Property

4 The Myth of Sacred Private Property

5 Investment Protection Ignores Communitarian Aspirations for Property

3 National Property Regimes

1 The UK

2 The USA

3 The Netherlands

4 France

5 Germany

6 Canada

7 Australia

8 Singapore

9 Developed Asian States

10 India

11 Poland

12 Baltic States

13 Russia

14 China

15 Brazil and Other South American States

16 Property Rights across Africa

17 Diversity of National Property Regimes

4 Protection of Property under International Law

1 The Contested Custom of Alien Property Protection

2 Post-WWII Developments and Consolidation Efforts

3 Evolution into Investment under Treaty Law

4 Impact of Investment Treaties and Arbitral Practice on the Development of Investment Law

4.1 Scope of Protected Investments

4.2 Expropriation v Regulation

4.3 Compensation

5 Investment Protection Mimics Neoliberal Understanding of Property Protection

5 Right to Property as a Human Right and Investment Protection

1 Right to Property in Global Instruments and Regional Conventions

2 European Version of Human Right to Property and the Claim to Universality

3 The Right to Property in the Context of Other Human Rights

6 The Divergence between Property and Investment Protection

1 Investment Protection Is an Extreme Version of Property Protection

1.1 Scope of Protected Property and Investment

1.2 Where Does Private Property End and Regulation Begin?

1.3 Expropriation Clauses in National and International Settings

1.4 Standard of Compensation in Expropriation Cases

2 Implications of the Divergence between Property and Investment

2.1 Investment Protection Exceeds Western Property Protection Standards

2.2 Neoliberal Investment Protection Freezes the Current Distribution of Entitlements

2.3 ISDS in the Age of Neonationalism and Protectionism

3 Trends in New Investment Treaties and Model BITs

7 Conclusions

Bibliography

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

9789004763517

Publisher Number:

10.1163/9789004763517 DOI