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.
Publisher: Oxford University Press
ISBN: 9780198866213
Number of pages: 224
Weight: 498 g
Dimensions: 242 x 163 x 18 mm
...this monograph has to be an addition to any serious collection on international investment law. - Martin Jarrett, Heidelberg, Buchbesprechungen
The Trouble with Foreign Investor Protection is a sweeping critique of international investment law and the legal community that supports it. The book is strongest when van Harten points out in accessible language the deficiencies of what he considers a deeply flawed system. - Fabian Simon Eichberger, European Journal of International Law
The Trouble with Foreign Investor Protection does not only look at the treaties, individual cases and now all too commonly known accusations such as the 'chilling effect', secrecy or the lack of judicial oversight over ICSID cases but also at the greater picture - the 'leading hawks of ISDS' - and the sociological involvement and influence of individual arbitrators themselves. - Ralph Janik, Austrian Review of International and European Law
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