The trouble with foreign investor protection
Author(s)
Bibliographic Information
The trouble with foreign investor protection
Oxford University Press, 2020
Available at / 1 libraries
-
No Libraries matched.
- Remove all filters.
Note
Includes bibliographical references (p. [165]-186) and index
Description and Table of Contents
Description
Governments are rightly discussing reform of investment treaties, and of the incredibly powerful system of 'investor-state dispute settlement' (ISDS) upon which they rest. At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties showing their ties to decolonization and, at times, extreme violence and
authoritarianism. Focusing on early ISDS lawsuits and rulings, it is revealed how a small group of lawyers and arbitrators worked to create the legal foundations for massive growth of ISDS since 2000. ISDS-based protections are examined in detail to demonstrate how they give exceptional advantages to
the wealthy. Various examples are also offered of how the protections have been used to reconfigure state decision-making and shift sovereign minds in favour of foreign investors. Lastly, the ongoing efforts of governments to reform ISDS are surveyed, with a call to go further or, best of all, to withdraw from the treaties. This book is essential reading for anyone wanting to know more about the shady world of investment protection.
Table of Contents
Preface
1: Fortifying Inequality
2: Origins of ISDS Treaties
3: Activation of the Treaties
4: The Most Powerful Protections
5: Special Access to Public Funds
6: Intimidating Sovereigns
7: Fault Lines and the Future of ISDS
Bibliography
Index
by "Nielsen BookData"
