Investment Arbitration and State-Driven Reform

Investment Arbitration and State-Driven Reform New Treaties, Old Outcomes

Hardback (25 Aug 2022)

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Publisher's Synopsis

States' efforts to reform the international investment regime have triggered an arbitral backlash. In response to shortcomings of earlier investment agreements, states concluded a new generation of investment treaties that actively balances investment protection obligations with host country policy space. These new-generation agreements are more comprehensive, more precise, and include novel features such as general public policy exceptions. This book reviews the first set of awards rendered under those agreements and finds that new treaties have produced old interpretive outcomes in investment arbitration, and undermine state-driven investment reforms. Adopting a systemic, evidence-based, and interdisciplinary perspective, the book leverages new data that comprehensively reflects regime dynamics, employs state-of-the-art technology including legal data science to treat the text of more than 3000 investment agreements as data, and draws from a range of theoretical frameworks spanning from law and economics to complexity science. The result is a new and authoritative empirical account of the evolution and current state of the international investment regime.

Book information

ISBN: 9780197644386
Publisher: OUP USA
Imprint: Oxford University Press
Pub date:
DEWEY: 346.092
DEWEY edition: 23/eng/20220325
Language: English
Number of pages: xxvii, 318
Weight: 604g
Height: 243mm
Width: 163mm
Spine width: 28mm