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

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

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  • More about Investment Arbitration and State-Driven Reform: New Treaties, Old Outcomes


States' efforts to reform the international investment regime have triggered an arbitral backlash, leading to the conclusion of new-generation investment treaties that balance investment protection obligations with host country policy space. This book reviews the first set of awards rendered under these agreements and finds that they have produced old interpretive outcomes in investment arbitration and undermine state-driven investment reforms. It adopts a systemic, evidence-based, and interdisciplinary perspective to provide a new and authoritative empirical account of the evolution and current state of the international investment regime.

Format: Hardback
Length: 352 pages
Publication date: 25 August 2022
Publisher: Oxford University Press Inc


Efforts to reform the international investment regime have sparked an arbitral backlash. In response to the inadequacies of earlier investment agreements, states have concluded a new generation of investment treaties that actively balance investment protection obligations with host country policy space. These new-generation agreements are more comprehensive, precise, and include novel features such as general public policy exceptions. This book reviews the first set of awards rendered under these 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.

Weight: 604g
Dimension: 243 x 163 x 28 (mm)
ISBN-13: 9780197644386

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