Status of the branch of international investment law within the system of international law: modern points of view

Normative and legal framework for international investment relations could be characterized by its complexity, as the established legal system governs international investment exchanges indirectly, supplementing or altering domestic law systems. This primarily occurs through the introduction of standard treatments of foreign investments, which, once codified in specialized international treaties, become international legal obligations for states and international guarantees – for other participants of international investment relations. The subject of regulation within international investment law encompasses a multi-layered complex of social relations – namely, international investment relations – that are marked by a unique legal framework combining public and private law approaches. All that dictates an irregular interpretation of the role of international investment law as a structural unit within the modern system of international law. Historically, however, international investment law has been considered a subfield of the broader branch of international economic law. Thus, this article is dedicated to identifying and reviewing the most significant scholarly views and researching positions regarding the scientific and theoretical positioning of the field of international investment law within the international law system. In this study, specific criteria are identified, proposed, and analysed to delineate the corresponding field of social relations and scholarly knowledge into a distinct scientific and theoretical category. The article provides an updated definition of the international investment law in terms of its functional and structural connection with the international economic law.

the system of international law, branches and sub-branches of international law, international investment law, international economic law, international investments