Policy analysis reveals new treaty mechanisms balancing investor protections with public interests, suggesting a path to resolve the legitimacy crisis in international investment law.
One of the most important challenges facing the international investment law regime today is how to strike a balance between principles regarding the protection and promotion of foreign investment on the one hand and principles regarding the protection of society and the environment on the other. A number of states have made significant progress towards meeting that challenge by adding interpretive provisions, general exceptions clauses and new preambular language to a new-generation of international investment agreements (IIAs). If the serious substantive and procedural questions they raise can be answered satisfactorily, these new treaties may go a long way towards saving the international investment law from the legitimacy crisis it is currently experiencing. Oxford University Press 2010, all rights reserved, Oxford University Press.
No takes yet. Share an insight, caveat, or question.
Suzanne A. Spears (2010) studied this question.
Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context: