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date: 15 December 2019

Abstract and Keywords

This chapter discusses the extent to which contemporary approaches to jurisdiction can be applied to hybrid exercises of state and non-state authority in international investment law. Relying on theories of relative authority and transnational law, it demonstrates that jurisdiction needs to be reformulated to capture exercises of hybrid authority in international law. If jurisdiction cannot address hybrid authority, it will continue to overlook significant exercises of authority within international investment law. Based on how hybrid authority functions in international investment law, the chapter then highlights that the role of the state in international law has altered from being a welfare state to a competition state. Yet, the jurisdictional framework has not adapted to the altered function of the state. Hence, despite the common use of hybrid authority in international investment law, it cannot be accommodated within the jurisdictional framework.

Keywords: international courts, international tribunals, jurisdiction, statehood, jurisdiction of states, organs of states, international investment law

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