The Law and Politics of Engaging Resistance in Investment Dispute Settlement PDF Download

Author: Ibironke Odumosu
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Within the last decade, there has been an increasingly pronounced engagement of Third World peoples with investment activities. Peoples' acts of resistance have appeared in the jurisprudence of arbitral tribunals and largely threaten the status quo of investment dispute settlement as an institutionalized, depoliticized system that is the exclusive preserve of states, foreign investors and recently, non-disputing parties that are granted amicus curiae privileges. Some tribunals constituted under the auspices of the International Centre for the Settlement of Investment Disputes have engaged the changing locus of interaction, as evidenced by decisions like Tecmed v. Mexico. This paper examines the developing international investment order from the praxis of the Third World's engagement with the (international) law on foreign investment and vice versa. It questions the validity and effects of a separation between law and its socio-political backgrounds, and a narrow construction of persons entitled to justice that tribunals adopt. It suggests that such technologies effectively exclude peoples' means of engagement with their domestic legal systems and results in a construction of states' responses to resistance as political acts outside the purview of investor-state arbitration. In engaging in an inquiry of this nature, the initial reaction is to assume that with the history of investment law, the Third World's position in this order is not the most favorable, but with increased activism on the part of peoples, a re-construction of the international investment order might be developing.

Author: Todd N. Tucker
Publisher: Anthem Press
ISBN: 1783087935
Category : Law
Languages : en
Pages : 226

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Book Description
‘Judge Knot’ explores the biggest and the most controversial success story in international law: investor-state dispute settlement, or ISDS. Since 1990, investors have launched hundreds of claims against government regulation. This exclusive inside look explains what makes the system tick: its poorly understood centuries-old origins, why corporations demand investment law solutions to political problems, how arbitrators supply these solutions, and why the system lasts despite the many politicians and citizens unhappy with it. Building off of an unprecedented set of interviews with the arbitrators who actually decide the cases, ‘Judge Knot’ brings together the best of political science, law and development economics scholarship and offers a concrete alternative to ISDS that leverages what works about the system and discards what does not, so that international law can be more supportive of democracy and development goals.

Author: Shaheeza Lalani
Publisher: Martinus Nijhoff Publishers
ISBN: 9004282254
Category : Law
Languages : en
Pages : 506

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Book Description
Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration. The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.

Author: Zoe Phillips Williams
Publisher: Oxford University Press
ISBN: 019263545X
Category : Law
Languages : en
Pages : 209

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Book Description
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 toward FDI, or the lack of state capacity to maintain an investment-friendly environment. This book's overarching conclusion is that democratic institutions in host states contribute to the emergence of investor-state disputes. Phillips Williams argues that at the heart of many investor-state disputes are highly politicized distributional conflicts involving a range of domestic interest groups. Indeed, 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 monograph 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 of measures which are taken at the behest of broader interest groups and relate to clear public policy concerns. This has important implications of 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.

Author: Chen Yu
Publisher: Edward Elgar Publishing
ISBN: 1035300966
Category : Law
Languages : en
Pages : 239

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Book Description
This concise and insightful book studies the role of the ISDS mechanism in the legalization, and legitimacy, of the international investment law regime. Providing an interdisciplinary perspective on ISDS through the constructivist theory of international relations, this book argues that reforming ISDS can contribute to the legalization of international investment law, but such a contribution is subject to both “institutional” and “internal” limitations.

Author: Catharine Titi
Publisher: Springer Nature
ISBN: 3030589161
Category : Conflict management
Languages : en
Pages : 205

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Book Description
This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

Author: David Schneiderman
Publisher: Oxford University Press
ISBN: 0192698788
Category : Law
Languages : en
Pages : 273

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Book Description
There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taken, and could still take, a different turn. They offer a more respectful approach to states' roles and responsibilities to enact laws in the public interest. This text will be an illuminating read for students and academics in areas such as investment law and international economic law. It provides cutting-edge analysis for researchers, practitioners, and students seeking to understand and question the usual standards of treatment under investment treaties.

Author: Borzu Sabahi
Publisher: BRILL
ISBN: 9004363033
Category : Law
Languages : en
Pages : 70

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Book Description
International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution. Particularly, this paper presents a roadmap over the historical context within which investor-State arbitration developed. It provides an overview of the main actors, the protections afforded to foreign investors, the content of modern BITs, and the challenges facing the system today.

Author: Taylor St. John
Publisher: Oxford University Press
ISBN: 0198789912
Category : Law
Languages : en
Pages : 300

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Book Description
This book offers the first social-scientific account of investor-state arbitration, and examines the intellectual, political, and economic forces behind its rise.

Author: Marius Dotzauer
Publisher: Taylor & Francis
ISBN: 1000962911
Category : Political Science
Languages : en
Pages : 148

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Book Description
This book offers theoretical arguments and original empirical data on the legitimacy of the investor-state dispute settlement system in the eyes of the general public. The legitimacy of the investor-state dispute settlement (ISDS) system has become a major issue in recent negotiations on new trade and investment agreements, such as the Transatlantic Trade and Investment Partnership (TTIP), the Comprehensive Economic and Trade Agreement (CETA), and the Trans-Pacific Partnership Agreement (TPP). This book considers the remarkable rise of investor-state arbitration, its politicization and the corresponding legitimacy crisis that has induced a political process of ISDS reform. The book applies theoretical arguments about legitimacy perceptions among the mass public and tests these arguments in survey experiments in Germany, France, and the United States to answer the question of whether ISDS reform can be successful. By showing that large parts of the population hold negative perceptions about the current system of private arbitration and believe that an international investment court and domestic courts are more legitimate dispute resolution systems, the book extends the debate on the legitimacy of the ISDS mechanism, which has so far been dominated by conflicting normative claims of supporters and critics. With regard to the academic debate about legitimacy in global governance, the author underlines that the legitimacy perceptions of ordinary citizens must be taken seriously to ensure the sustainability of global governance and international law in the long term. This book will be of interest to academics working in international relations, international political economy, international law, transnational law, authority, politicization, and legitimacy of global governance. It will also be of great use to practitioners in the field of international investment law, including lawyers, and government officials working in international dispute settlement.