National Governance and Investment Treaties

Erscheinungsjahr 2023
ISBN: 978-1-316-51279-1
Verlag: Cambridge University Press

Buch, Englisch, Band 177, 224 Seiten, Format (B × H): 157 mm x 232 mm, Gewicht: 576 g

Reihe: Cambridge Studies in International and Comparative Law

Much of the existing accounts assume that investment treaties affect national governance. However, how exactly this happens has been subject to little analysis. Conventional accounts presume that these treaties improve national governance, leading to good governance and the rule of law for all. Critical accounts charge that investment treaties unduly empower foreign investors and cause a regulatory chill. On both accounts, investment treaties are expected to empower and constrain. Comparing extended case studies of Argentina, the Czech Republic, India and Mexico, this book shows how investment treaties influence national governance ideologically, institutionally, and socially. We show how the overarching role of IIAs in national governance – to cultivate constraining discipline in public administration – is realised and who gets empowered and marginalised in the process. The book's findings will serve in the debates about alternative ways of economic governance and help explain the investment treaty regime's significant resistance to change.

Autoren/Hrsg.

Ost&

Ostranský, Josef

Pérez Aznar, Facundo

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

1. National governance and investment treaties; 2. Situating the engagements with the investment treaty regime in Argentina, Czech Republic, India, and Mexico; Part I. Discursive and Ideological Effects of Investment Treaties on National Governance; 3. Narratives of progress and economic development; 4. Narratives of education and constraint; Part II. Formal and Informal Institutional Effects on International Investment Agreements on National Governance; 5. The state's institutional rearrangements and international investment agreements; 6. defending the state in ISDS and preventing disputes; 7. International investment agreements and national lawmaking (part 1): four country snapshots; 8. International investment agreements and national lawmaking (part 2): multifaceted uses if IIA-arguments in lawmaking.

Über Autor(innen)

Pérez Aznar, Facundo
Facundo Pérez Aznar is Senior Researcher at the Geneva Center for International Dispute Settlement and Associate Professor of International Economic Law at the University of Buenos Aires. He acted as counsel in numerous in international investment disputes. His has published extensively on different aspects of international economic law and dispute settlement.

Ostranský, Josef
Josef Ostranský has worked as lecturer and research fellow at various universities in Europe, Australia and Latin America, and has published extensively on international investment law. He has worked as a consultant on international economic law with international organisations. In 2021, he won the CIBEL Global Young Scholar Network Prize.