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Prof. dr. S.W.B. (Stephan) Schill

International and Economic Law and Governance
Faculty of Law
Public International Law
Photographer: Jeroen Oerlemans

Visiting address
  • Nieuwe Achtergracht 166
  • Room number:10.24A
Postal address
  • Postbus 15859
    1001 NJ Amsterdam
  • Profile

    Stephan Schill is Professor of International and Economic Law and Governance at the Faculty of Law of the University of Amsterdam. He is also General Editor of the Yearbook Commercial Arbitration published by the International Council for Commercial Arbitration (ICCA), General Editor of ICCA Publications, and Co-Editor-in-Chief of The Journal of World Investment & Trade, one of the major journals in international economic law.

    Professor Schill's research focuses on international investment law, investor-state dispute settlement, European Union law, and comparative public law. These fields have come together in his European Research Council-funded project on ‘Private-Public Arbitration as Transnational Regulatory Governance: Charting and Codifying the Lex Mercatoria Publica’ (see next tab for more information) and continue to mark his research. 

    Professor Schill has published extensively on international investment law and international dispute settlement, including its relations to other regimes of international law, European Union law, constitutional and administrative law, and commercial arbitration. Leading works include The Multilateralization of International Investment Law (Cambridge University Press 2009), as well as edited volumes on International Investment Law and Comparative Public Law (Oxford University Press 2010), International Investment Law and Development (Edward Elgar 2015) (with Christian Tams and Rainer Hofmann), Transnational Law of Public Contracts (Bruylant 2016) (with Mathias Audit), and International Investment Law and History (Edward Elgar 2018) (with Christian Tams and Rainer Hofmann). in 2022, the 3rd edition of Schreuer's Commentary on the ICSID Convention will appear Cambridge University Press, which Professor Schill is curating as General Editor and contrubuting to as an author.

    Professor Schill also has practical experience in international law and dispute resolution. Being admitted to the bar in Germany (Rechtsanwalt) and in the State of New York (Attorney-at-Law), he serves as expert and arbitrator in international arbitrations under a variety of arbitral rules, including those of the International Centre for Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade (UNCITRAL), has acted as counsel before the European Court of Human Rights, and advises governments and international organizations on international investment law and policy. Appointed by Germany, he is a Member of the ICSID Panel of Arbitrators.

  • Lex Mercatoria Publica Project
    Transnational Private-Public Arbitration as Global Regulatory Governance: Charting and Codifying the Lex Mercatoria Publica (2013-2019)

    Summary

    The project analyzes the rising phenomenon of transnational arbitrations between private economic actors and public law bodies (private-public arbitrations) as a mechanism of global regulatory governance. Breaking with the prevailing view that arbitration is only a means to settle individual disputes, it hypothesizes that arbitrators themselves exercise public authority, mainly in two regards: first, by reviewing government acts as to their legality, and second, by incrementally making the rules that govern public-private relations. This takes place, it is hypothesized, rather independently of specific domestic legal systems and their democratic processes; arbitral tribunals, in other words, become important law-makers. The body of law they develop is what the project designates as “lex mercatoria publica” – in allusion to the a-national law generated by arbitral tribunals in international private-private disputes widely called “lex mercatoria”. Private-public arbitrations constitute a largely overlooked field of global regulatory governance even though it affects questions of central concern for the public interest. It affects states the world over and has an equally transformative effect for public governance as the europeanization and internationalization of public law. Against this background, the project will provide a comprehensive (historic, sociological, political, economic, and legal) perspective on private-public arbitration as governance and its legitimacy. It will describe and analyze the content of the lex mercatoria publica by empirically researching into the modern and historic practice of private-public arbitration and develop – mainly through comparative law research ‑ normative criteria to assess the legitimacy of private-public arbitration in democratic societies that are based on the rule of law.

     

    Background: Globalization, Privatization, and the Legitimacy of Arbitration as a Governance Mechanism

    Globalization fundamentally transforms the relationship between states as representatives and fiduciaries of the public interest and economic actors. What was once understood as a hierarchical relationship, characterized by the unilateral exercise of public authority through legislation, administration, and adjudication, increasingly gives way to varying forms of cooperation between the state and private actors, prompted by the privatization of public functions and increases in public-private-partnerships. This “cooperative paradigm” of state-market relations is precipitated not only by the Washington consensus and the voluntary retreat of the state, but by the increasing dependency of public bodies on private finance and expertise when providing public goods in infrastructure, energy, health, education, etc. It is a policy that is deeply enshrined, for example, in the EU, as reflected in the Europe 2020 strategy (see COM(2010)2020 and COM(2010)546). Public-private cooperation is further precipitated by the fact that domestic law and governance themselves become a negotiable commodity that is subject to competition between states in a globalized market. Competition in taxation, corporate law and corporate governance, environmental regulation, or labor standards are but a few examples that illustrate the dependency of states on acceptance by and cooperation with private economic actors.

    The cooperative paradigm affects not only public policy- and decision-making through legislation and administration, but also challenges established ideas about adjudicating disputes between the state and private economic actors. Instead of being resolved in domestic courts, such disputes face pressure towards both internationalization and privatization. Thus, since the beginning of the 1990s we witness a considerable rise in alternative methods of dispute settlement, such as mediation and conciliation, but above all arbitration through party-appointed arbitrators who can settle disputes with binding force in place of the otherwise competent domestic courts. Such disputes are based both on international treaties that provide for the settlement of private-public disputes, above all under international investment treaties, but also on arbitration clauses in contracts between states or state entities and private economic actors.

    This development is little problematic when arbitrations only involve private commercial actors. By contrast, when disputes between the state or state entities and private economic actors are involved, matters are fundamentally different. In such cases, fundamental principles of constitutional law – above all the principles of democracy and of the rule of law – are affected because government acts are controlled, and the concrete delineation of private rights and public interests is drawn, not by democratically legitimized domestic courts, but by party-appointed one-off arbitral tribunals. Arbitrations against Uruguay and Australia concerning plain packaging of cigarettes, against Germany’s nuclear power phase-out, against Argentina’s emergency legislation enacted to tackle the country’s 2001/2002 financial crisis, or against the United States, Canada, and Mexico concerning environmental or labor standards illustrate the significant public-policy implications of private-public arbitrations.

    These public policy implications are all the more significant as arbitration proceedings do not conform to public law safeguards that are in place in public law adjudication at the domestic level, such as trans­parency of the proceedings, possibilities for third-party participation, limitations on damages as public law remedies, or the need for public law expertise of adjudicators. Instead, arbitration generally follows private law rationales, such as party autonomy and confidentiality of the proceedings. This is critical because arbitral tribunals do not only settle individual disputes, but increasingly become the preferred method of resolving disputes between the state and the private sector in important fields such as energy, public utilities, and infrastructure. Arbitration threatens to replace domestic courts in these matters, posing challenges for the concept of the rule of law. Two interrelated dangers exist: first, that the rise of arbitration results in the loss of jurisprudence and case law, an important public good necessary for legal certainty and legal security; and second, that arbitrations through one-off arbitral tribunals result in incoherent decisions, which equally threatens the predictability of how disputes between the state and private actors would be resolved. Both factors cast central tenets of the concept of the rule of law, and hence the legitimacy of private-public arbitration in general, into question. Furthermore, the rise of arbitration will have the inevitable effect that arbitral tribunals increasingly concretize and develop the normative foundations governing state-market relations. They may even redefine through their dispute settlement activity the relationship between private rights and public interests and bypass public policy choices made by democratically elected public authorities.

     

    Research Questions and Aim of the Project

    The rise of transnational private-public arbitration thus raises important issues as to its legitimacy. How are arbitrators in such proceedings legitimized? What powers do they, or should they have? What is their proper role when reviewing government acts? How do they actually decide cases and what is the appropriate normative framework to apply? Do they develop a uniform jurisprudence that is predictable or are their decisions incoherent and inconsistent? Is the consent of the disputing parties sufficient to legitimize private-public arbitrations or are farther-reaching transparent and democratic processes necessary as a source of legitimacy? Understanding what arbitrators do, according to which rationales they decide, and how they exercise power over states and state entities – in short: understanding how transnational private-public arbitration functions as a governance mechanism and answering to the legitimacy concerns it raises ‑ will be crucial for many areas of public-private cooperation and thus for the gestalt of the state-market relation and social order in a global market economy more generally.

    It is these questions that the research project aims to answer by analyzing private-public arbitrations under investment treaties and public contracts, the substantive and procedural standards applied by arbitral tribunals, by looking in a comparative fashion at the normative framework set up by both domestic and international public law. Ultimately, this is hoped to lead to the formulation of both general principles regarding the conduct of private-public arbitrations as well as a restatement of the rules and principles applied by arbitral tribunals in private-public arbitrations. This analysis of the lex mercatoria publica should enable arbitrators, judges, and other international and national decision-makers to render more predictable, more circumspect, overall better, and fairer decisions concerning private-public arbitration. It will provide solid foundations for enhancing transnational private-public arbitration as an institution of global regulatory governance in the interest of better and more efficient cooperation between states and private economic actors in the global economy.

  • The Journal of World Investment & Trade
    The Journal of World Investment & Trade

    Since 2014, Stephan Schill is Editor-in-Chief of The Journal of World Investment & Trade (JWIT), one of the internationally leading journals on international economic law. Since 2019, he shares this responsibility with Hélène Ruiz Fabri of the Max Planck Institute Luxembourg. For more information on the Journal and for instructions on how to make submissions for publication please visit JWIT's homepage.

    Aims and Scope of JWIT

    The Journal of World Investment & Trade is a double-blind peer-reviewed journal that focuses on the legal aspects of foreign investment relations in a broad sense. This encompasses the law of bilateral, multilateral, regional and sectoral investment treaties, investor-State dispute settlement, and domestic law relating to foreign investment, but also relevant trade law aspects, such as services, public procurement, trade-related investment measures, and intellectual property, both under the WTO framework and preferential trade agreements. In addition, the Journal aims to embed foreign investment law in its broader context, including its interactions with international and domestic law, both private and public, including general public international law, international commercial law and arbitration, international environmental law, human rights, sustainable development, as well as domestic constitutional and administrative law.

    The Journal is institutionally independent and ideologically neutral. It is not attached to specific national jurisdictions, but has a global outreach. It covers both the mainstream of foreign investment law and investment law’s frontiers. It offers a place for the publication of scholarly studies dealing with fundamental and systematic problems of foreign investment relations and their solutions, but also welcomes analyses of current topics, such as international and domestic policy trends, relevant case law, and country- or industry-specific case studies, including in the natural resources and energy sectors. It is open to doctrinal analysis as well as theoretical, conceptual, and interdisciplinary approaches, including law and economics analysis, empirical analysis, historical analysis, political science analysis, or normative analysis. It aims to address scholars, government officials, members of international and non-governmental organizations, and legal practitioners in both capital-exporting and capital-importing countries.

  • Publications

    2020

    • Giorgetti, C., Ratner, S., Dunoff, J., Hamamoto, S., Nottage, L., Schill, S. W., & Waibel, M. (2020). Independence and Impartiality of Adjudicators in Investment Dispute Settlement: Assessing Challenges and Reform Options. The Journal of World Investment & Trade, 21(2-3), 441-474. https://doi.org/10.1163/22119000-12340178 [details]
    • Schill, S. (2020). Foreign Direct Investment Control in the European Union: Rising Protectionism or Instrument for Further Investment Liberalization? In J. H. J. Bourgeois (Ed.), EU framework for foreign direct investment control (pp. 57-75). (European monographs; Vol. 111). Wolters Kluwer. [details]
    • Schill, S. W. (2020). [Review of: M. Steinitz (2019) The Case for an International Court of Civil Justice]. American Journal of International Law, 114(3), 560-567. https://doi.org/10.1017/ajil.2020.32 [details]
    • Schill, S. W., & Vidigal, G. (2020). Designing Investment Dispute Settlement à la Carte: Insights from Comparative Institutional Design Analysis. The Law and Practice of International Courts and Tribunals, 18(3), 314-344. https://doi.org/10.1163/15718034-12341407 [details]

    2019

    2018

    2017

    2016

    2015

    2014

    2013

    2012

    • Schill, S. W. (2012). Deference in Investment Treaty Arbitration: Re-conceptualizing the Standard of Review. Journal of International Dispute Settlement, 3(3), 577-607. https://doi.org/10.1093/jnlids/ids010
    • Schill, S. W. (2012). General Principles of Law and International Investment Law. In T. Gazzini, & E. De Brabandere (Eds.), International investment law: the sources of rights and obligations (pp. 133-181). (Nijhoff international investment law series; No. 1). Martinus Nijhoff. https://doi.org/10.1163/9789004214538_007
    • Schill, S. W. (2012). Illegal Investments in Investment Treaty Arbitration. The Law and Practice of International Courts and Tribunals, 11(2), 281-323. https://doi.org/10.1163/157180312X640697
    • Schill, S. W. B. (2012). Cross-Regime Harmonization through Proportionality Analysis: The Case of International Investment Law, the Law of State Immunity and Human Rights. ICSID Review, 27, 87-119. https://doi.org/10.1093/icsidreview/sis002
    • Schill, S. W., & Kim, Y. I. (2012). Sovereign bonds in economic crisis: Is the necessity defense under international law applicable to investor-State relations? A critical analysis of the decision by the German Constitutional Court in the Argentine bondholder cases. In K. P. Sauvant (Ed.), Yearbook on international investment law & policy 2010-2011 (pp. 485-512). Oxford University Press. https://global.oup.com/academic/product/yearbook-on-international-investment-law-and-policy-2010-2011-9780199812356?lang=en&cc=us#

    2011

    2010

    • Kingsbury, B., & Schill, S. W. (2010). Public Law Concepts to Balance Investors’ Rights with State Regulatory Actions in the Public Interest - The Concept of Proportionality. In S. W. Schill (Ed.), International Investment Law and Comparative Public Law (pp. 75-104). Oxford University Press. http://ukcatalogue.oup.com/product/9780199589104.do
    • Schill, S. (2010). Der Schutz von Auslandsinvestitionen in Deutschland im Mehrebenensystem: deutsches, europäisches und internationales Recht. Archiv des öffentlichen Rechts, 135(4), 498-540. https://doi.org/10.1628/000389110793699573
    • Schill, S. W. (2010). Crafting the International Economic Order: The Public Function of Investment Treaty Arbitration and its Significance for the Role of the Arbitrator. Leiden Journal of International Law, 23(2), 401-430. https://doi.org/10.1017/S0922156510000117
    • Schill, S. W. (2010). Fair and Equitable Treatment, the Rule of Law, and Comparative Public Law. In S. W. Schill (Ed.), International Investment Law and Comparative Public Law (pp. 151-183). Oxford University Press. http://ukcatalogue.oup.com/product/9780199589104.do
    • Schill, S. W. (2010). International Investment Law and Comparative Public Law: An Introduction. In S. W. Schill (Ed.), International Investment Law and Comparative Public Law (pp. 3-37). Oxford University Press. http://www.transnational-dispute-management.com/article.asp?key=1645
    • Schill, S. W. (2010). Umbrella Clauses as Public Law Concepts in Comparative Perspective. In S. W. Schill (Ed.), International Investment Law and Comparative Public Law (pp. 317-344). Oxford University Press. http://ukcatalogue.oup.com/product/9780199589104.do

    2009

    2007

    2006

    • Schill, S. W. (2006). Arbitration risk and effective compliance: Cost-shifting in investment treaty arbitration. The Journal of World Investment & Trade, 7(5), 653-697. https://doi.org/10.1163/221190006X00351

    2005

    2020

    2019

    2018

    2017

    2016

    2015

    2014

    2013

    2010

    2015

    2013

    • Schill, S. W. (2013). [Review of: A. Dimopoulos (2011) EU Foreign Investment Law]. European Law Review, 38(1), 131-134.

    Membership

    • Schill, S. (2015-2060). International Law Association.
    • Schill, S. (2015-2060). Deutsche Gesellschaft für Internationales Recht.
    • Schill, S. (2014-2060). International Council for Commercial Arbitration (ICCA).
    • Schill, S. (2014-2020). Institute for Transnational Arbitration.
    • Schill, S. (2014-2030). International Investment Law Center Cologne (IILCC).
    • Schill, S. (2008-2060). Society of International Economic Law.
    • Schill, S. (2008-2060). European Society of International Law.
    • Schill, S. (2007-2060). Deutsch-Amerikanische Juristenvereinigung.
    • Schill, S. (2005-2060). American Society of International Law.

    Talk / presentation

    • Schill, S. (speaker) (25-9-2020). Closing Speech, International Energy Disputes in the 21st Century and the Global Role of the European Union and Spain in the Green Energy Transition.
    • Schill, S. (speaker) (8-9-2020). Panel Participation, Preparatory Sessions for UNCITRAL Working Group III, 39th Session 2020: Multilateral ISDS Reform Implementation Options.
    • Schill, S. (invited speaker) (14-5-2020). Multilateral Institution for Dispute Settlement on Investment: A Proposal for the UNCITRAL Process, Multilateral Instrument on ISDS Reform.
    • Schill, S. (invited speaker) (23-4-2020). Investment Dispute Settlement à la carte: Vision for the UNCITRAL Reform Process, Multilateral Instrument on ISDS Reform.
    • Schill, S. (speaker) (7-3-2020). The Relationship between Human Rights and Arbitration: From Conflict to Complementarity, Frankfurt Investment Law Workshop: Investment Protection, Human Rights, and International Arbitration, Frankfurt am Main.
    • Schill, S. (invited speaker) (21-2-2020). Environmental Law and Arbitration, Vienna Arbitration Days 2020: Arbitration and Public Law, Vienna.
    • Schill, S. (invited speaker) (13-2-2020). The Future of Arbitration and Investment Protection in Times of Deglobalization, International Law Forum at the Munich Security Conference, Munich.
    • Schill, S. (invited speaker) (30-1-2020). Public Law Challenges to ADR in Investment Dispute Settlement, 5th EFILA Annual Conference, London.
    • Schill, S. (invited speaker) (12-11-2019). Von der Investitionsschiedsgerichtsbarkeit zum Multilateralen Investitionsgerichtshof? Bewertung aus Sicht des EU-Verfassungsrechts, Gesprächskreis Investitionsschutzrecht und -Schiedsgerichtsbarkeit, 15. Jahrestreffen, Frankfurt.
    • Schill, S. (invited speaker) (26-10-2019). Investment Dispute Settlement a la carte: Vision for the UNCITRAL Reform Process?, World Trade Forum 2019 - Multilateralism at Risk, Bern.
    • Schill, S. (invited speaker) (25-10-2019). The Future of International Economic Law - Dispute Resolution, World Trade Forum 2019 - Multilateralism at Risk, Bern.
    • Schill, S. (keynote speaker) (19-9-2019). ISDS in the Wake of Achmea – What Next? Conflict of Complementarity?, The Energy Community Dispute Resolution Forum, Vienna.
    • Schill, S. (speaker) (14-6-2019). EU Law and Investor-State Dispute Settlement: Conflict or Complementarity?, ESIL – CJEU Joint Symposium - ‘Adjudicating the International Responsibility of the EU', Luxembourg.
    • Schill, S. (speaker) (27-3-2019). The Legal Framework of Private-Public Arbitration: At the Crossroads Between Public Law, Commercial Arbitration, and International (Investment) Law – Introduction and Moderation, State Parties in Contract-Based Arbitration: The Theory and Practice of Private-Public Arbitration, Washington, D.C..
    • Schill, S. (speaker) (8-3-2019). International Investment Law in the Age of Digitalization: An Introduction, Frankfurt Investment Law Workshop, Frankfurt.
    • Schill, S. (speaker) (7-3-2019). Human Rights and Arbitration, 2nd Global Arbitration Review Live, Zurich.
    • Schill, S. (speaker) (28-2-2019). Engaging with Domestic Law in International Adjudication: Fact-Finding or Transnational Law-Making? – Introduction and Concluding Remarks.
    • Schill, S. (speaker) (20-2-2019). From Investor-State Dispute Settlement to a Multilateral Investment Court? Evaluating Options from an EU Law Perspective, EU Investment Protection after the ECJ Opinion on Singapore: Questions of Competence and Coherence, Brussels.
    • Schill, S. (speaker) (13-2-2019). The Permanent Investment Court System Is the Solution to the Concerns over Investor State Dispute Settlement, ISDS Reform Conference: Mapping the Way Forward, Hong Kong.
    • Schill, S. (speaker) (1-2-2019). Investment Dispute Settlement à la Carte within a Multilateral Institution, Reforming International Investment Arbitration, Oslo.
    • Vidigal, G. (speaker) & Schill, S. W. B. (speaker) (1-2-2019). Investment Dispute Settlement à la Carte within a Multilateral Institution, Reforming International Investment Arbitration, Oslo.
    • Schill, S. (speaker) (19-1-2019). Die Achmea Entscheidung des EuGH und ihre Rezeption in der Investitionsschiedsgerichtsbarkeit, 11th Meeting of the 'Krickenbeck Circle' on International Investment Law, Cologne.
    • Schill, S. (speaker) (3-12-2018). Investment Protection Standards and the Rule of Law: Introduction, University of Vienna.
    • Schill, S. (speaker) (5-7-2018). Consequences of the Achmea Judgment – A Matter of Perspectives?, Protection of Foreign Investments in Europe – Perspectives and Solutions, Cologne.
    • Schill, S. (speaker) (26-6-2018). W(h)ither ISDS? The Impact of Achmea on Pending Arbitrations under Member States' BITs and the Energy Charter Treaty, Amsterdam Center for International Law/International Council for Commercial Arbitration – Joint Colloquium, Amsterdam.
    • Schill, S. (speaker) (22-6-2018). Die Zukunft der Investor-Staat-Streitbeilegung nach dem EuGH-Urteil in der Rechtssache Achmea (C-284/16 vom 6. März 2018), Annual Meeting of the International Law Association – German Branch, Frankfurt.
    • Schill, S. (speaker) (15-6-2018). Oxford Style Debate and Roundtable: This house believes that investor-state arbitration can and must remain available within the EU, The Consequences of the CJEU's Achmea Judgment for Investment Treaty Arbitration, Amsterdam.
    • Vidigal, G. (speaker) & Schill, S. W. B. (speaker) (13-6-2018). Comparing Key Features of Investment Policymaking - ISDS, RTA Exchange Dialogues, Geneva.
    • Schill, S. (speaker) (5-6-2018). International Investment Law and Community Interests: Towards a Public Interest-Based Rationale for Protecting Foreign Investors under International Investment Agreements, Stockholm University.
    • Schill, S. (speaker) (5-6-2018). The (uncertain) Future of Investment Protection and ISDS in Europe – Roundtable discussion on the Implications of the CJEU’s Achmea Judgment, International Law Association - Swedish Branch.
    • Schill, S. (invited speaker) (4-6-2018). The Use of Commercial Arbitration Rules in Investment Treaty Disputes, Uppsala University.
    • Schill, S. (speaker) (30-5-2018). Cold Feet or Considered Deference? The Curious Case of Investment Arbitration's Engagement with the Global Financial Architecture, Protection of Investors, Financial Regulation and the State's Possibility to Intervene to Protect Macroeconomic Stability, Oslo.
    • Schill, S. (speaker) (17-5-2018). A Celebration of the 100th Meeting of the Working Group on the Law of International Economic Relations.
    • Schill, S. (speaker) (3-5-2018). Achmea, BITs, and the Netherlands: Reigning in Investor-State-Dispute Settlement, TMC Asser Instituut.
    • Schill, S. (speaker) (19-4-2018). A (Comparative) Constitutional Framework for Private-Public Arbitration and Its Legitimacy, International Commercial Dispute Resolution for the 21st Century: Australian Perspectives, Sydney.
    • Schill, S. (speaker) (9-4-2018). EuGH C-284/16 – Achmea – Zur Unvereinbarkeit von Investor-Staats-Schiedsverfahren unter intra-EU BITs, Max-Planck-Institute for Comparative Public Law and International Law.
    • Schill, S. (speaker) (12-3-2018). MFN Clauses as Bilateral Commitments to Multilateralism, 4th Annual Conference on Investment Treaties, Paris.
    • Schill, S. (speaker) (9-3-2018). International Investment Law and Constitutional Law: An Introduction, Frankfurt Investment Law Workshop: International Investment Law and Constitutional Law, Frankfurt.
    • Schill, S. (speaker) (8-2-2018). A More Comprehensive Way of Addressing Trade Disputes? Inspiration from Mega-Regional Trade Agreements, The RTA Exchange Dialogue Series: RTA Dispute Settlement Mechanisms in RTA, Geneva.
    • Schill, S. (speaker) (3-2-2018). Investment Arbitration, TTIP and NAFTA after the US/German Elections: Perspectives from both sides of the Atlantic in Times of Turmoil, German-American Lawyers Association Working Group Day, Frankfurt.
    • Schill, S. (speaker) (2-2-2018). Regulating FDI in the EU Legal Framework, Foreign Direct Investment Control in the EU Framework, Brussels.
    • Schill, S. (speaker) (19-1-2018). Internationaler Investitionsschutz und Verfassungsrecht: Vermessung eines neuen Interaktionsmodus in Forschung und Praxis, 10th Meeting of the 'Krickenbeck Circle' on International Investment Law, Cologne.
    • Schill, S. (speaker) (8-11-2017). International Investment Dispute Settlement, What Perspectives?, 6th ASIA Pacific ADR Conference, Seoul.
    • Schill, S. (speaker) (25-10-2017). International Investment Law and Community Interests: Towards a Public Interest-Based Rationale for Protecting Foreign Investors under International Investment Agreements, Faculty Research Seminar, Coventry.
    • Schill, S. (speaker) (24-10-2017). The Future of the Investment Treaty Regime: Legitimacy Challenges and Options for Reform, Public Lecture at the Centre for the Law, Regulation & Governance of the Global Economy (GLOBE), Coventry.
    • Schill, S. (speaker) (18-9-2017). Proportionality in Investor-State Arbitration, Proportionality in Investor-State Arbitration, Paris.
    • Schill, S. (speaker) (6-9-2017). Global Public Goods, Global Commons, Fundamental Values: The Responses of International Economic Law, Global Public Goods, Global Commons, Fundamental Values: The Responses of International Economic Law, Naples.
    • Schill, S. (speaker) (17-7-2017). Opinion 2/15: A Constitutional Moment in EU and International Economic Law, Max-Planck-Institute for Comparative Public Law and International Law.
    • Schill, S. (speaker) (5-7-2017). Lex Mercatoria Publica: Private-Public Arbitration as Transnational Regulatory Governance, ICON-S Annual Conference, Copenhagen.
    • Schill, S. (speaker) (29-6-2017). The EU Permanent Investment Court Proposal – Will It Be Fit for Purpose?, 4th Annual GAR Live Frankfurt, Frankfurt.
    • Schill, S. (speaker) (14-6-2017). Legitimacy of the Result: Increasing the Perceived Legitimacy of Outcomes in ISDS, 29th ITA Workshop and Annual Meeting, Dallas.
    • Schill, S. (speaker) (30-5-2017). New International Economic Order à la Trump: A Case for Investor State Arbitration?, New International Economic Order à la Trump: A Case for Investor State Arbitration?, Frankfurt.
    • Schill, S. (speaker) (21-3-2017). The Constitutionality of ISDS: The Constitutional Debate in Germany, Nordic Investment Law Seminar 2017, Oslo.
    • Schill, S. (speaker) (10-3-2017). General Introduction, Frankfurt Investment Law Workshop, Frankfurt.
    • Schill, S. (speaker) (7-3-2017). Evaluating Societal Benefits and Costs of Investment Treaties, 3rd Annual Conference on Investment Treaties, Paris.
    • Schill, S. (speaker) (27-1-2017). Delegate at expert meeting, Investment Protection Standards Under the Energy Charter Treaty, Brussels.
    • Schill, S. (speaker) (19-12-2016). The Content of the OECD Guidelines, Forty Years of the OECD Guidelines for Multinational Enterprises, Paris.
    • Schill, S. (speaker) (23-11-2016). Authority, Legitimacy, and Fragmentation in the (Envisaged) Dispute Settlement Disciplines in Mega-Regionals, Tilburg Global Arbitration Day, Globalization of International Arbitration: Contemporary Issues, Challenges and Developments, Tilburg.
    • Schill, S. (speaker) (22-11-2016). Book Launch and Panel Discussion, Book Launch and Panel Discussion on Barbara Warwas, "The Liability of Arbitral Institutions - Legitimacy Challenges and Functional Responses", The Hague.
    • Schill, S. (speaker) (16-11-2016). The Use of Sources in Legal Reasoning in Investment (Treaty) Arbitration, Arbitration and Legal Reasoning, London.
    • Schill, S. (speaker) (1-11-2016). China, BRI and International Investment Law, SRIICL 10th Anniversary International Symposium, Xi'an.
    • Schill, S. (speaker) (29-10-2016). Trends in International Economic Law, The Internationalization of Chinese Theory and Practice of International Law, Wuhan.
    • Schill, S. (speaker) (9-9-2016). Need for Consistency in Investment Treaty Arbitration, Symposium: Current Trends in Investor-State Arbitration: Annulment and Appeals, Challenge to Arbitrators and Transparency, London.
    • Schill, S. (speaker) (7-8-2016). New Developments in Mediating Investor State Disputes, International Law Association 77th Biannual Conference, Johannesburg.
    • Schill, S. (speaker) (7-7-2016). Regulatory Autonomy in International Investment Law, Society of International Economic Law Biannual Conference, Johannesburg.
    • Schill, S. (speaker) (17-6-2016). Transnational Administrative Procedure, ICON-S Annual Conference, Berlin.
    • Schill, S. (speaker) (15-6-2016). Comment on Marija Bartl, The Transatlantic Game of Thrones: Who Stands to Gain and Loose in the TTIP’s Regulatory Cooperation, Amsterdam.
    • Schill, S. (speaker) (3-6-2016). Sources and Methodology in Investment Law Research, Symposium: International Investment Law as a Field for Scholarly Research, Uppsala.
    • Schill, S. (speaker) (25-5-2016). An International Investment Court System? Dissecting the European Union Proposal, World Economic Forum, Geneva.
    • Schill, S. (speaker) (20-5-2016). Lex Mercatoria Publica: Adjudicating Constitutional Questions in a Commercial Dispute Settlement Procedure, Investment Arbitration and National Interest: Central and Eastern European Experiences in the Light of the Upcoming EU-US Free Trade Agreement, Budapest.
    • Schill, S. (speaker) (30-3-2016). Inaugural Detlev F. Vagts Roundtable on Transnational Law: Transnational Professional Ethics, ASIL 110th Annual Meeting, Washington, D.C..
    • Schill, S. (speaker) (17-3-2016). The (Envisaged) Dispute Settlement Disciplines, TTIP, CETA, TiSA – New Orientations for EU External Economic Relations?, Salzburg.
    • Schill, S. (speaker) (11-3-2016). General Introduction, ICSID at 50: Investment Arbitration as an Engine of Legal Development?, Frankfurt.
    • Schill, S. (speaker) (23-2-2016). Das Freihandelsabkommen TTIP: Wo liegen die Grenzen transnationaler Rechtspolitik?, Das Freihandelsabkommen TTIP: Wo liegen die Grenzen transnationaler Rechtspolitik?, Bremen.
    • Schill, S. (speaker) (3-12-2015). Increasing the Legitimacy of ISDS, Transatlantic Trade and Investment Partnership (TTIP) – Framing the Adequate System for Investor-State Dispute Settlement, Luxembourg.
    • Schill, S. (speaker) (25-11-2015). Harmonization of Arbitral Procedure in Private-Public Arbitration, Globalization of the International Arbitral Process: Trends and Implications, Tilburg.
    • Schill, S. (speaker) (18-11-2015). Speaker at Faculty Seminar, Community Interests in International Investment Law, Amsterdam.
    • Schill, S. (speaker) (5-11-2015). A Debate on the ‘Publicness’ of Investment Treaty Arbitration, The Present and Future Role of Investment Treaty Arbitration in Adjudicating Environmental Disputes, Oslo.
    • Schill, S. (speaker) (19-10-2015). Schiedsgerichtsbarkeit in Investitionsschutz- und Handelsabkommen – heute und in Zukunft, 9. Luxemburger Expertenforum zur Entwicklung des Unionsrechts, „Die Union im globalen Gefüge“, Luxembourg.
    • Schill, S. (speaker) (25-9-2015). Public and Private Paradigms in Investment Treaty Arbitration, International Dispute Settlement at the Crossroads of Public and Private International Law, Geneva.
    • Schill, S. (speaker) (18-9-2015). Roundtable Participation, Tiptoeing to the TTIP: What Kind of Agreement for What Kind of Partnership?, The Hague.
    • Schill, S. (speaker) (7-9-2015). Public Roundtable Participation, In Whose Name? On the Functions, Authority and Legitimacy of International Adjudication, The Hague.
    • Schill, S. (speaker) (18-6-2015). Panel Participation, Der Vorschlag für ein Permanent International Investment Tribunal in der aktuellen Diskussion, Frankfurt.
    • Schill, S. (speaker) (12-6-2015). Book Launch, Book Launch: David Caron et al, "Practising Virtue: Inside International Arbitration", London.
    • Schill, S. (speaker) (26-5-2015). Investment Treaty Arbitration as Global Governance: The New Public Law Challenge, Globalization and International Economic, Antwerp.
    • Schill, S. (speaker) (13-3-2015). International Investment Law and History: Introduction, Frankfurt Investment Law Workshop: International Investment Law and History, Frankfurt.
    • Schill, S. (speaker) (25-2-2015). Rapporteur on Two Working Group Sessions, Expert Meeting on the Transformation of the International Investment Agreement Regime, Geneva.

    Others

    • Hofmann, R. (organiser), Schill, S. (organiser), Tams, C. J. (organiser) & Scheu, J. (organiser) (6-3-2020 - 7-3-2020). Frankfurt Investment Law Workshop: Investment Protection, Human Rights, and International Arbitration, Frankfurt am Main (organising a conference, workshop, ...).
    • Schill, S. (organiser) & Vidigal, G. (organiser) (14-11-2019 - 15-11-2019). International Economic Law and Security Interests Conference, Amsterdam (organising a conference, workshop, ...).
    • Schill, S. (chair) (27-9-2019). Actors in International Investment Law, Paris (participating in a conference, workshop, ...).
    • Reinisch, A. (organiser) & Schill, S. (organiser) (25-6-2019). Investment Protection Standards: Rule of Law Problems – Rule of Law Lacunae, Paris (organising a conference, workshop, ...).
    • De Brabandere, E. (organiser), Gazzini, T. (organiser) & Schill, S. (organiser) (17-6-2019 - 18-6-2019). Good Governance and Foreign Investment in the Natural Resources Sector, Norwich (organising a conference, workshop, ...).
    • Schill, S. (participant) (6-6-2019 - 7-6-2019). International Investment Law: An Analysis of Major Decisions, Luxembourg (participating in a conference, workshop, ...).
    • Schill, S. (member of programme committee) (27-3-2019). State Parties in Contract-Based Arbitration: The Theory and Practice of Private-Public Arbitration, Washington, D.C. (organising a conference, workshop, ...).
    • Hofmann, R. (organiser), Schill, S. (organiser) & Tams, C. J. (organiser) (8-3-2019 - 9-3-2019). Frankfurt Investment Law Workshop, Frankfurt (participating in a conference, workshop, ...).
    • Schill, S. (organiser) (28-2-2019 - 1-3-2019). Engaging with Domestic Law in International AdjudicationFactfinding or Transnational Law-Making?, Amsterdam (organising a conference, workshop, ...).
    • Schill, S. (chair) (12-7-2018). Society of International Economic Law Biennial Conference, Washington, D.C.. General and Theoretical Aspects of Investment Law (participating in a conference, workshop, ...).
    • Schill, S. (organiser) (26-6-2018). Amsterdam Center for International Law/International Council for Commercial Arbitration – Joint Colloquium, Amsterdam (organising a conference, workshop, ...).
    • Schill, S. (participant) (30-5-2018). Sovereign Debt Restructurings and Equal Treatment of Creditors, Oslo (participating in a conference, workshop, ...).
    • Schill, S. (member of programme committee) (15-4-2018 - 18-4-2018). Evolution and Adaption: The Future of International Arbitration, Sydney. Member of the Program Committee (organising a conference, workshop, ...).
    • Schill, S. (organiser) (9-3-2018 - 10-3-2018). Frankfurt Investment Law Workshop: International Investment Law and Constitutional Law, Frankfurt (organising a conference, workshop, ...).
    • Vidigal, G. (participant) & Schill, S. W. B. (participant) (8-2-2018). RTA Exchange Dialogues, Geneva. RTA Exchange (participating in a conference, workshop, ...).
    • Schill, S. (organiser) (10-3-2017 - 11-3-2017). Frankfurt Investment Law Workshop, Frankfurt (organising a conference, workshop, ...).
    • Schill, S. (participant) (10-3-2017 - 11-3-2017). Frankfurt Investment Law Workshop, Frankfurt. Co-Organizer (organising a conference, workshop, ...).
    • Schill, S. (organiser) (11-3-2016 - 12-3-2016). ICSID at 50: Investment Arbitration as an Engine of Legal Development?, Frankfurt. Co-Organizer (organising a conference, workshop, ...).
    • Schill, S. (member of programme committee) (8-4-2015 - 11-4-2015). 119th Annual ASIL Meeting, Washington, D.C.. Member of the Program Committee (organising a conference, workshop, ...).
    • Schill, S. (organiser) (13-3-2015 - 14-3-2015). Frankfurt Investment Law Workshop: International Investment Law and History, Frankfurt. Co-Organizer (organising a conference, workshop, ...).

    2015

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  • Ancillary activities
    • ICCA
      ICCA General Editor, assuming editorial responsibility for ICCA publications
    • Dr. Stephan Schill Rechtsanwalt
      Legal services, consultancy, editing scientific journal