Investment Arbitration and State-Driven Reform
New Treaties, Old Outcomes
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Product details:
- Publisher OUP USA
- Date of Publication 25 August 2022
- ISBN 9780197644386
- Binding Hardback
- No. of pages352 pages
- Size 163x238x28 mm
- Weight 621 g
- Language English 240
Categories
Short description:
Adopting a systemic, evidence-based, and interdisciplinary perspective, this book provides a holistic account of how states have changed the investment regime through their evolving treaty practice, how investment arbitration tribunals have rolled back changes by interpreting new treaties like old ones, and how states and tribunals can successfully modernize the investment regime by reading and reforming old treaties in light of new ones.
MoreLong description:
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.
Investment Arbitration and State-Driven Reform...under review provide fruitful, and complementary, insights as we collectively consider the path ahead.
Table of Contents:
Acknowledgments
List of Abbreviations
Table of Cases
Introduction
Part I: State-Driven Reform
Chapter 1. Treaties as Data
Chapter 2. Change as Gap-filling
Chapter 3. Evolution as Americanization
Part II: New Treaties, Old Outcomes
Chapter 4. Reversing Innovation through MFN
Chapter 5. Overriding Differences through Custom
Chapter 6. Perpetuating Mistakes through Precedent
Part III: New Treaties as Anchor Points
Chapter 7. Forward-Looking Interpretation
Chapter 8. Data-Driven Renegotiation
Chapter 9. Tax-Style Multilateralization
