The political economy of investment arbitration /
The Political Economy of Investment Arbitration asks how political institutions and actors in the host state of an investment contribute to the emergence of investor–state disputes. Combining insights from international relations and political economy, it considers two opposing explanations for inve...
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| Format: | eBook |
| Language: | English |
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Oxford :
Oxford University Press,
[2022]
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| Edition: | First Edition. |
| Series: | International economic law series (Oxford, England)
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| Subjects: | |
| Online Access: | Connect to the full text of this electronic book |
| Summary: | The Political Economy of Investment Arbitration asks how political institutions and actors in the host state of an investment contribute to the emergence of investor–state disputes. Combining insights from international relations and political economy, it considers two opposing explanations for investor–state disputes: shifting state preferences towards foreign direct investment (FDI) and the lack of state capacity to maintain an investment-friendly environment. This book's central conclusion is that democratic institutions in host states contribute to the emergence of investor–state disputes that end in international arbitration. Indeed, the book argues that at the heart of many investor–state disputes are highly politicized distributional conflicts involving a range of domestic interest groups. It is often pressure from these groups, whether through voting, protests, or lobbying, which motivates states to take the policy decisions that are subsequently subject to investors' legal challenges. Thus, this book demonstrates that in the face of the potentially high costs posed by investment arbitration, governments continue to take measures which may harm investors in order to pursue specific policy goals. More importantly, these disputes are not only the result of corruption or weak rule of law but also of measures which are taken at the behest of broader interest groups and relate to clear public policy concerns. This has important implications for our normative assessment of the regime and is highly relevant to current debates in both international law and international political economy about the relationship between investment treaties and domestic politics. |
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| Physical Description: | 1 online resource (1 volume) |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9780192635440 0192635441 |