The political economy of investment arbitration / Zoe Phillips Williams.

Format:

Book

Author/Creator:

Williams, Zoe Phillips, author.

Series:

International economic law.

International economic law

Language:

English

Subjects (All):

Dispute resolution (Law).

Arbitration and award.

Investments, Foreign--Law and legislation.

Investments, Foreign.

Investments, Foreign--Political aspects.

Physical Description:

1 online resource (209 pages)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2022.

Summary:

Zoe Williams' book examines the ways in which domestic politics contributes to the emergence of international legal disputes that have far-ranging consequences for states and citizens. More broadly, it illustrates how globalization clashes with democratic decision-making and state sovereignty.

Contents:

Cover

Series

The Political Economy of Investment Arbitration

Copyright

Table of Contents

List of Abbreviations

1. The Political Economy of Investment Arbitration

1.1 Interactions between Domestic Policymaking and the Investment Protection Regime: A Critical View

1.2 The Costs and Benefits of IIAs

1.3 The Puzzle: Changing Preferences or Lack of Capacity?

1.4 Domestic Actors, Institutions, and 'Compliance' with IIAs

1.5 Overview of Main Arguments

1.6 Outline

2. Patterns in Investor-​State Arbitration

2.1 History and Functioning of Investor-​State Arbitration

2.1.1 History of the Investment Protection Regime

2.1.2 State Measures as the Causes of Investor-​State Arbitration

2.2 Data Collection and Sources

2.3 Coding the Cases

2.4 Results of Qualitative Coding

2.4.1 Home and Host States in Investment Arbitration

2.4.2 Industries in Investment Arbitration

2.4.3 Domestic Institutions and Types of Measures

2.5 Unknown Cases

2.6 Conclusion

3. State Capacity and Investor-​State Arbitration

3.1 The Managerial Approach to Compliance

3.2 State Capacity and Investment Law

3.3 Hypotheses

3.4 Empirical Analysis

3.4.1 Estimation Strategy and Variables

3.4.2 Results

3.5 Conclusion

4. Domestic Politics and Investor-​State Arbitration

4.1 Creating an Investment-​Friendly Climate

4.2 Understanding Political Risk

4.3 The Domestic Politics of Investment

4.3.1 The Impact of the FDI on Domestic Interest Groups and Investment Arbitration

4.4 Hypotheses

4.5 Empirical Analysis

4.5.1 Estimation Strategy and Variables

4.5.2 Results

4.6 Conclusion

5. Pacific Rim Cayman v El Salvador

5.1 Investment and Mining in El Salvador

5.2 The Dispute between Pacific Rim Cayman and El Salvador

5.2.1 The Arbitration: Pacific Rim Cayman v El Salvador.

5.3 The Role of Domestic Interests and Institutions in Pacific Rim Cayman v El Salvador

5.3.1 Domestic Interests: Small-​Scale Agriculture, Water Use, and the Environment

5.3.2 Organization of the Anti-​Mining Movement

5.4 State Interests and Policy Decisions

5.5 Conclusion

6. Bilcon of Delaware Ltd v Canada

6.1 IIAs and Investment in Canada and Nova Scotia

6.1.1 Canada and NAFTA

6.2 The Dispute between Bilcon Ltd and Canada

6.2.1 The Arbitration: Bilcon of Delaware Ltd v Canada

6.3 The Role of Domestic Interests and Institutions in the Bilcon v Canada Case

6.3.1 Domestic Interests: Environmental Groups, Fishermen, and Eco-​Tourism Providers

6.3.2 The Organization of Domestic Interests

6.4 State Interests and Policy Decisions

6.5 Conclusion

7. AES Summit Generation v Hungary and Electrabel v Hungary

7.1 IIAs and Investment in Hungary

7.1.1 Investment in the Energy Sector

7.1.2 Hungary's Experience with Investor-​State Dispute Settlement

7.1.3 The Energy Charter Treaty

7.2 The Disputes between Hungary and Electrabel and AES Summit Generation

7.2.1 The Arbitration Cases

7.3 The Role of Domestic Interests in Electrabel and AES Summit Generation v Hungary

7.3.1 Political Parties and Energy Consumers

7.3.2 MVM and Electricity Market Reform

7.4 State Interests and EU Accession

7.5 Conclusion

8. Conclusion

8.1 Summary of Results

8.2 Theoretical Significance

8.3 Reform of the Investment Protection Regime

Appendix

Chapter 3

Chapter 4

Chapters 5-​7

Works Cited

Index.

Notes:

This edition also issued in print: 2022.

Includes bibliographical references and index.

Description based on online resource; title from home page (viewed on November 1, 2022).

Other Format:

Print version: Williams, Zoe The Political Economy of Investment Arbitration

ISBN:

0-19-189883-X

0-19-263544-1

0-19-263545-X