Del 177 - Cambridge Studies in International and Comparative Law

National Governance and Investment Treaties

Between Constraint and Empowerment

Inbunden, Engelska, 2023

Av Josef Ostřanský, Facundo Pérez Aznar, Josef Ostřanský, Facundo Pérez Aznar, Josef (International Institute for Sustainable Development) Ostransky, Facundo (Geneva Center for International Dispute Settlement) Perez Aznar, Josef Ostřanský, Josef Ostranský, Ost&

1 539 kr

Beställningsvara. Skickas inom 7-10 vardagar

Fri frakt för medlemmar vid köp för minst 249 kr.

Much of the existing accounts assume that investment treaties affect national governance. However, how exactly this happens has been subject to little analysis. Conventional accounts presume that these treaties improve national governance, leading to good governance and the rule of law for all. Critical accounts charge that investment treaties unduly empower foreign investors and cause a regulatory chill. On both accounts, investment treaties are expected to empower and constrain. Comparing extended case studies of Argentina, the Czech Republic, India and Mexico, this book shows how investment treaties influence national governance ideologically, institutionally, and socially. We show how the overarching role of IIAs in national governance - to cultivate constraining discipline in public administration - is realised and who gets empowered and marginalised in the process. The book's findings will serve in the debates about alternative ways of economic governance and help explain the investment treaty regime's significant resistance to change.

Produktinformation

Utgivningsdatum2023-04-13
Mått158 x 235 x 22 mm
Vikt600 g
FormatInbunden
SpråkEngelska
SerieCambridge Studies in International and Comparative Law
Antal sidor224
FörlagCambridge University Press
ISBN9781316512791

Tillhör följande kategorier

Folkrätt inom Juridik

Josef Ostřanský has worked as lecturer and research fellow at various universities in Europe, Australia and Latin America, and has published extensively on international investment law. He has worked as a consultant on international economic law with international organisations. In 2021, he won the CIBEL Global Young Scholar Network Prize. Facundo Pérez Aznar is Senior Researcher at the Geneva Center for International Dispute Settlement and Associate Professor of International Economic Law at the University of Buenos Aires. He acted as counsel in numerous in international investment disputes. His has published extensively on different aspects of international economic law and dispute settlement.

1. National governance and investment treaties; 2. Situating the engagements with the investment treaty regime in Argentina, Czech Republic, India, and Mexico; Part I. Discursive and Ideological Effects of Investment Treaties on National Governance; 3. Narratives of progress and economic development; 4. Narratives of education and constraint; Part II. Formal and Informal Institutional Effects on International Investment Agreements on National Governance; 5. The state's institutional rearrangements and international investment agreements; 6. defending the state in ISDS and preventing disputes; 7. International investment agreements and national lawmaking (part 1): four country snapshots; 8. International investment agreements and national lawmaking (part 2): multifaceted uses if IIA-arguments in lawmaking.

'There is a saying that 'no battle plan survives contact with the enemy.' After reading this book, you may think that 'no theory about investment treaties survives contact with reality.' Many international lawyers are content to analyse issues at the interstate level without getting their hands dirty with empirical evidence, particularly at a national and sub-national level. But when socio-legal scholars come along who are able to take us deep into the messy entanglement of actors, narratives and relationships in four different national contexts, we are able to develop a much more detailed, compelling and nuanced understanding of how investment treaties empower and constrain the behaviour of states. This book stands as a testament to how scholarship in this field is maturing and deepening.' Anthea Roberts, Professor at the School of Regulation and Global Governance (RegNet), Australian National University