Boekhandel Douwes Den Haag

Investment Arbitration and State-Driven Reform

New Treaties, Old Outcomes

Wolfgang Alschner

Investment Arbitration and State-Driven Reform

Investment Arbitration and State-Driven Reform

New Treaties, Old Outcomes

Investment Arbitration and State-Driven Reform

 

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.


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Beschrijving Investment Arbitration and State-Driven Reform

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.


ISBN
9780197644386
Pagina's
352
Verschenen
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP USA

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