Investment Arbitration and State-Driven Reform
New Treaties, Old Outcomes
Format:Hardback
Publisher:Oxford University Press Inc
Published:25th Aug '22
Should be back in stock very soon
States' efforts to reform the international investment regime have triggered an arbitral backlash. In response to shortcomings of earlier investment agreements, states concluded a new generation of investment treaties that actively balances investment protection obligations with host country policy space. These new-generation agreements are more comprehensive, more precise, and include novel features such as general public policy exceptions. This book reviews the first set of awards rendered under those agreements and finds that new treaties have produced old interpretive outcomes in investment arbitration, and undermine state-driven investment reforms. Adopting a systemic, evidence-based, and interdisciplinary perspective, the book leverages new data that comprehensively reflects regime dynamics, employs state-of-the-art technology including legal data science to treat the text of more than 3000 investment agreements as data, and draws from a range of theoretical frameworks spanning from law and economics to complexity science. The result is a new and authoritative empirical account of the evolution and current state of the international investment regime.
Investment Arbitration and State-Driven Reform...under review provide fruitful, and complementary, insights as we collectively consider the path ahead. * Olabisi D. Akinkugbe, The American Journal of International Law *
This book is not only important - it is avant garde in many ways. From the computational analysis approach to the analysis of treaties - their innovation and the outcomes of the awards interpreting them, the interdisciplinary approach harnessed, and the three distinct avenues for efficient reform to produce the expected new outcomes to the modernized treaties-it may be said that the puzzle itself might have been too ambitious. * Canadian Yearbook of International Law *
This monograph will be most useful for academics who want to sharpen their understanding of investment treaty practice and government officials who seek to add to their toolbox. With his book, Alschner has written amajor contribution to the evolving debate on investment treaty reform. He meaningfully combines data science, doctrinal analysis and policy recommendations to dissect what he considers foundational shortcomings of investment law and constructively charts ways forward. For anyone interested in the future of international investment law there is no way around this book. * Fabian Eichberger, International and Comparative Law Quarterly *
ISBN: 9780197644386
Dimensions: 163mm x 238mm x 29mm
Weight: 621g
352 pages