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Research Handbook on the Theory and Practice of International Lawmaking. Edited by Catherine Brölmann and Yannick Radi. Northampton, MA: Edward Elgar, 2016. Pp. xvii, 484. Index.

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rights. Part Seven, which concludes the collective volume, includes a disparate group of three chapters relating to comparative international law in investment and law of the sea. This section also… Click to show full abstract

rights. Part Seven, which concludes the collective volume, includes a disparate group of three chapters relating to comparative international law in investment and law of the sea. This section also contains some of the most captivating chapters in the volume. Tomer Broude, Yoram Z. Haftel, and Alexander Thompson begin with a chapter entitled “Who Cares About Regulatory Space in BITs? A Comparative International Approach” (p. 527). Makane Moïse Mbengue and Stefanie Schacherer then elaborate on the Pan-African Investment Code (PIAC) as an example of comparative international law (p. 547). The authors take PIAC as an example to identify similarities and differences between the Pan-African approach and what is considered the norm in international investment law and also with the new reform process that investment law is undertaking. They identify some of the novelties of the treaty—for example the requirement that an investor has substantial business activity in the host state, its take on the mostfavored nation and national treatment standards, and the absence of a provision on fair and equitable treatment. This contextualization of PIAC within the larger framework of international investment law is an apt demonstration of the advantage of the comparative international law approach. In the book’s last chapter, Emilia Justyna Powell presents a fascinating study of the United Nations Convention on the Law of the Sea (UNCLOS) in Islamic Law states (p. 571). She observes that while Islamic Law states are generally skeptical of international law, they have mostly ratified UNCLOS. She then uses a comparative international law approach to explain why that occurs, and concludes that the substantive and procedural congruence of Islamic law with the UNCLOS regime, as well as the possibility of adding stipulations, including declarations and restrictions. The chapter is particularly novel and makes an interesting contribution to the volume. Overall, this is noteworthy and valuable volume. It makes a significant case as to the important learning available from the understanding of how and why nations’ approaches of international law are different.

Keywords: law; volume; comparative international; investment law; international law

Journal Title: American Journal of International Law
Year Published: 2020

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