The Impact of Investment Treaty Law on Host States : Enabling Good Governance? / Mavluda Sattorova.

Format:

Book

Author/Creator:

Sattorova, Mavluda, author.

Series:

Studies in international law (Oxford, England)

Studies in international law

Language:

English

Subjects (All):

Commercial treaties--Interpretation and construction.

Commercial treaties.

Investments, Foreign (International law).

Investments, Foreign--Law and legislation.

Investments, Foreign.

Physical Description:

1 online resource.

Edition:

First edition.

Place of Publication:

Portland, Oregon : Hart Publishing, 2018.

Summary:

Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor-state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities

Contents:

1. Introduction

I. International Investment Law: From Good Governance for Foreign Investors to Good Governance for All

II. Conceptual Framework

III. Outline of Chapters

2. Genesis of 'Good Governance' Narratives in International Investment Law and Scholarship: An Historical and Doctrinal Analysis

I. Conceptual Inspirations behind the Good Governance Narratives of Investment Treaty Law

II. Embodiments of Good Governance Precepts in Investment Treaty Law

III. Competing Visions of Investment Treaty Law and its Good Governance Promise

IV. Conclusion

3. How Do Host States Respond to Investment Treaty Law?

I. The Impact of Investment Treaty Law on Governance in Host States: Key Empirical Questions

II. Methodology

III. Are Government Officials Aware of International Investment Law and its Good Governance Prescriptions?

IV. How Host States 'Learn' from Investment Arbitration

V. Negative Internalisation: Over-protection and Withdrawal

VI. Internalising Investment Treaty Prescriptions: Why, at Whose Behest and What Cost?

VII. Conclusion

4. The Role of Remedy Design in Inducing Host States to Comply with Investment Treaty Standards of Good Governance

I. Damages as a Principal Form of Relief for an Investment Treaty Breach

II. Can State Compliance with Good Governance Standards be Fostered through Monetary Sanctions?

III. The Design of Investment Treaty Remedies and State Compliance with Good Governance Standards:

A Functional Analysis

IV. Compliance and Optimal Remedy Design: Punitive, Non-pecuniary, Multi-tiered?

V. Conclusion

5. Investment Treaty Law and its Internal Capacity to Foster Good Governance in Host States

I. Is the Investment Treaty Regime Compliant with Good Governance Standards?

II. Legitimacy and 'Compliance Pull': (Insufficient) Transparency and Coherence of Investment Treaty Rules

and Arbitral Jurisprudence

III. Internationalisation of Investment Law and its (Disempowering) Effects on Governance in Host States

IV. Good Governance as a Two-way Street: Dealing with Investor Misconduct in Treaty Practice and Arbitration

6. International Investment Law and its Anti-participatory Animus

I. The Investment Treaty Regime and Its Disregard for the Political and Social Interfaces of Development

II. Foreign Investors and the Domestic Political Process

III. Developing Countries and the Making of International Investment Law: Lack of Participation and Inclusivity

IV. Lack of Stakeholder Input in the Making of Investment Treaties in Developed Countries

7. Conclusion

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781474202947

1474202942

9781509901975

1509901973

OCLC:

1008769567