The Rise of Investor-State Arbitration

Politics, Law, and Unintended Consequences

Nonfiction, Social & Cultural Studies, Political Science, International, International Relations, Business & Finance
Cover of the book The Rise of Investor-State Arbitration by Taylor St John, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Taylor St John ISBN: 9780192507259
Publisher: OUP Oxford Publication: March 1, 2018
Imprint: OUP Oxford Language: English
Author: Taylor St John
ISBN: 9780192507259
Publisher: OUP Oxford
Publication: March 1, 2018
Imprint: OUP Oxford
Language: English

Today, investor-state arbitration embodies the worst fears of those concerned about runaway globalization - a far cry from its framers' intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor-state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system. The corporations and law firms that dominate investor-state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment - there was no such evidence. International officials with peacebuilding and development aims drove the rise of investor-state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book's analysis illustrates how unintended consequences emerge and why institutions persist regardless.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Today, investor-state arbitration embodies the worst fears of those concerned about runaway globalization - a far cry from its framers' intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor-state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system. The corporations and law firms that dominate investor-state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment - there was no such evidence. International officials with peacebuilding and development aims drove the rise of investor-state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book's analysis illustrates how unintended consequences emerge and why institutions persist regardless.

More books from OUP Oxford

Cover of the book Judgment and Agency by Taylor St John
Cover of the book Criminal Law Concentrate by Taylor St John
Cover of the book The Prospect of Global History by Taylor St John
Cover of the book The Conflict of Laws by Taylor St John
Cover of the book International Migration: A Very Short Introduction by Taylor St John
Cover of the book The Oxford History of the Laws of England Volume VI by Taylor St John
Cover of the book Polycystic Ovary Syndrome by Taylor St John
Cover of the book Punishment and Freedom by Taylor St John
Cover of the book Interpretive Political Science by Taylor St John
Cover of the book The Energy Security Paradox by Taylor St John
Cover of the book Treatment of Contracts in Insolvency by Taylor St John
Cover of the book Kant's Theory of Action by Taylor St John
Cover of the book Institutional Investor Activism by Taylor St John
Cover of the book Semantics, Metasemantics, Aboutness by Taylor St John
Cover of the book Oxford Case Histories in Neurosurgery by Taylor St John
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy