Does International Investment Law Constitute a Limit or a Treat to the Right of the States to Regulate?

Abstract

To identify international investment law as a part of international law control and manage, then to analyze the relationships between foreign investors in host country and the state. And compare its role with the state regulation. using qualitative case study had been explained in the conduct of the re search and collecting main data to express the role of international investment law. The researcher contacted some implement cases from UK, US, and China. Due to heavy comparison, after several evaluation of the literature from the UK and US. Some of the findings of the study are: 1) with these explaining the international investment law in mind after begin by describing the main procedural and substantive challenges, we find the limitation of the for eign investment role in providing the protection for the foreign investor against the state regulation ; 2) no comprehensive or integrated international treaty on the regulation of foreign investment; 3) international investment law can be deemed as one of the pioneers for protect ion the investor after conducting an analysis of the role of investment law to prevent the rights of investor in jurisprudence ; 4) with expanding of international investment and increasing the number of companies investing abroad in foreign countries, the imple mentation of the core concepts of public international law has not been deemed adequate to regulate foreign investment .