International Law and Private International Law

Forum 4: Investment Law at the Crossroads of Public and Private International Law

This panel will address the tension between public and private law aspects in international investment law in the following terms: How meaningful is the classification of public and private in this context? What are the public interests that arise in this context? Who are the appropriate guardians of the public interest (states, international organizations, NGOs)? Who should decide about the protection of public interests (tribunals, host states, home states, arbitration institutions)? What are the methodological consequences of the distinction between public and private matters (one-off dispute settlement on the basis of party submissions v. investment arbitration as governance)?