Chapter

Primary and Secondary Remedies in International Investment Law and National State Liability: A Functional and Comparative View

Anne van Aaken

in International Investment Law and Comparative Public Law

Published in print October 2010 | ISBN: 9780199589104
Published online January 2011 | e-ISBN: 9780191595455 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199589104.003.0023
Primary and Secondary Remedies in International Investment Law and National State Liability: A Functional and Comparative View

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International investment law creates an international level of review for (illegal) national regulations and laws and the conduct of administrative entities for foreign investors. It is state liability law for foreign investors. Whereas in national law, a right holder needs to take all (usual administrative and judicial) steps to have the illegality of an act reviewed (primary remedies), in investment law, the investor often has immediate access to courts without the exhaustion of local remedies and may immediately claim damages (secondary remedies). This difference justifies a functional comparison of national state liability regimes with international investment law. What are the rationales discussed for the different remedies found in national state liability law and in investment law? And do they have a rational justification in general and depending on the case in specific circumstances?

Keywords: primary remedies; secondary remedies; state liability law; functional comparison

Chapter.  17141 words. 

Subjects: Constitutional and Administrative Law

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