Individualization and development of international investment law as the third millennium law field

• Author: Cristina Elena Popa (Tache)
• Position: Cristina Elena Popa (Tache) - Scientific research assistant with the Law Research Institute of the Romanian Academy, Romania; associate in the Chartered Institute of Arbitrators; arbiter and mediator with the Vienna International Arbitral Centre, Austria, cristinapopatache@gmail.com.
• Pages: 583-588

Individualization and development of international investment

law as the third millennium law field

PhD. Cristina Elena POPA (TACHE)1

Abstract

Approaching such a subject is undoubtedly of particula r scientific interest,

contributing to the cla rification of several aspects r egarding the content and d elimitation of

internatio nal investment law, with a n emphasis on the law and doctr ine of international

law, but a lso on the jur isprudence of international courts. The or iginality a nd scientific

innovation resides in the way of approaching the r esearch of the legal regime of foreign

investments, both from the point of view of interdisciplina rity, interference and

interconnections between the fields of incident la w, as well as by identifying a coa gulating,

unifying factor – t he internationa l justice and the mechanisms tha t are put into operation.

This approa ch calls for the crea tion of a lea rning mechanism, of study within the university

framework of the discipline of Interna tional Investment Law and the deepening of the

specific notions and problems within some master progra ms.

Keywords: foreign investments, research, n ew field of law, interconnections.

JEL Classification: K11, K23, K33

1. Introduction

This paper is about one of the newest, if not actually the newest field of

law, foreign investment law, and it intends to bring a new topic to the forefront of

Romanian law research, one that faces certain legislative ambiguities and

incongruences, marked by concerns regarding the current doctrine and practices,

closely interdependent with business law, according to the principle that any

development required multiplication.

This opens the way for new research areas, such as: applicable law, the

admission, the selection and the treatment of foreign investments; the specificity of

settling differences in the field of international investments; the state’s

responsibility regarding international investments and the duties of investors;

defining and redefining some terms, such as international investment by means of a

dedicated language; the development of the institutional framework and capacities

in the field of international investments; drawing up a Code for International

Investments; a refocus on the adoption of a Multilateral Agreement; themed

research at the initiative of the researchers; supporting the Romanian research

participation in international programs in the field concerning the legal regime of

foreign investments. The Economic Studies Academy and the Law Research

Institute of the Romanian Academy allow and encourage the international

1 Cristina Elena Popa (Tache) - Scientific research assistant with the Law Research Institute of the

Romanian Academy, Romania; associate in the Chartered Institute of Arbitrators; arbiter and

mediator with the Vienna International Arbitral Centre, Austria, cristinapopatache@gmail.com.