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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Impact of Investment Treaty Law on Host States: Enabling Good Governance


ISBN13: 9781849465854
Published: February 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



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+ £11.70 VAT

This book examines the role of international investment treaties in fostering good governance and rule of law on a national plane. Although they were historically designed to protect foreign undertakings from opportunistic governmental behaviour, international investment treaties have gradually come to be interpreted as also requiring host States to maintain good governance standards in their dealings with foreign investors. Lack of transparency, stability, predictability as well as the lack of effective remedies and enforcement mechanisms at a national level can now lead to a host State’s liability in damages.

The book questions whether investment treaty norms can induce governments into compliance with the rule of law and good governance standards. To what extent and how do investment treaty norms influence government decision-making in host states? How do host States respond to investment treaty remedies? The book offers a novel socio-legal and interdisciplinary analysis of the impact of international investment law on governmental conduct. The capacity of the investment treaty regime to foster the rule of law and governance reforms in host States is also examined from a comparative perspective, with focus on the rule of law and regulatory compliance initiatives undertaken by the World Bank and the European Union.

Subjects:
International Investment Law
Contents:
1. Introduction
I. International Investment Law: From Good Governance for Foreign Investors to Good Governance for All
II. Conceptual Framework
III. Outline of Chapters
2. Genesis of ‘Good Governance’ Narratives in International Investment Law and Scholarship: An Historical and Doctrinal Analysis
I. Conceptual Inspirations behind the Good Governance Narratives of Investment Treaty Law
II. Embodiments of Good Governance Precepts in Investment Treaty Law
III. Competing Visions of Investment Treaty Law and its Good Governance Promise
IV. Conclusion
3. How Do Host States Respond to Investment Treaty Law?
I. The Impact of Investment Treaty Law on Governance in Host States: Key Empirical Questions
II. Methodology
III. Are Government Officials Aware of International Investment Law and its Good Governance Prescriptions?
IV. How Host States ‘Learn’ from Investment Arbitration
V. Negative Internalisation: Over-protection and Withdrawal
VI. Internalising Investment Treaty Prescriptions: Why, at Whose Behest and What Cost?
VII. Conclusion
4. The Role of Remedy Design in Inducing Host States to Comply with Investment Treaty Standards of Good Governance
I. Damages as a Principal Form of Relief for an Investment Treaty Breach
II. Can State Compliance with Good Governance Standards be Fostered through Monetary Sanctions?
III. The Design of Investment Treaty Remedies and State Compliance with Good Governance Standards:
A Functional Analysis
IV. Compliance and Optimal Remedy Design: Punitive, Non-pecuniary, Multi-tiered?
V. Conclusion
5. Investment Treaty Law and its Internal Capacity to Foster Good Governance in Host States
I. Is the Investment Treaty Regime Compliant with Good Governance Standards?
II. Legitimacy and ‘Compliance Pull’: (Insufficient) Transparency and Coherence of Investment Treaty Rules
and Arbitral Jurisprudence
III. Internationalisation of Investment Law and its (Disempowering) Effects on Governance in Host States
IV. Good Governance as a Two-way Street: Dealing with Investor Misconduct in Treaty Practice and Arbitration
V. Conclusion
6. International Investment Law and its Anti-participatory Animus
I. The Investment Treaty Regime and Its Disregard for the Political and Social Interfaces of Development
II. Foreign Investors and the Domestic Political Process
III. Developing Countries and the Making of International Investment Law: Lack of Participation and Inclusivity
IV. Lack of Stakeholder Input in the Making of Investment Treaties in Developed Countries
V. Conclusion
7. Conclusion

Series: Hart Studies in International Law

Security and International Law ISBN 9781509924752
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The Contractual Nature of the Optional Clause ISBN 9781509917686
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Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
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International Law and Child Soldiers ISBN 9781509913831
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Complicity in International Criminal Law ISBN 9781509900084
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Complicity in International Criminal Law (eBook) ISBN 9781509900091
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Economic Sanctions and International Law ISBN 9781849465908
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Economic Sanctions and International Law (eBook) ISBN 9781782254737
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Corruption and Human Rights Law in Africa ISBN 9781509908455
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Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
Published June 2016
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Security and International Law (eBook) ISBN 9781782255895
Published April 2016
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Security and International Law ISBN 9781849466349
Published April 2016
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Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
Published March 2016
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£54.00 + £10.80 VAT
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Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published March 2016
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£60.00
Diplomatic Interference and the Law ISBN 9781849464369
Published February 2016
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£70.00
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Diplomatic Interference and the Law (eBook) ISBN 9781509902781
Published February 2016
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£63.00 + £12.60 VAT
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Law's Impunity: Responsibility and the Modern Private Military Company (eBook) ISBN 9781782259626
Published September 2015
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£25.18 + £5.04 VAT
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781849465168
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£55.00
Non-State Actors in International Law ISBN 9781849465113
Published August 2015
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£100.00
Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
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Non-State Actors in International Law (eBook) ISBN 9781509901869
Published August 2015
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The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
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The Contractual Nature of the Optional Clause ISBN 9781849468664
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International Law and Child Soldiers (eBook) ISBN 9781782254348
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International Law and Child Soldiers ISBN 9781849465205
Published December 2014
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Corruption and Human Rights Law in Africa (eBook) ISBN 9781782254539
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£23.38 + £4.68 VAT
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Corruption and Human Rights Law in Africa ISBN 9781849466370
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Statelessness: The Enigma of the International Community ISBN 9781849465076
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International Law and the Construction of the Liberal Peace ISBN 9781849462440
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International Law and the Construction of the Liberal Peace (eBook) ISBN 9781782251774
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An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
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An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
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Europe and Extraterritorial Asylum ISBN 9781849462709
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Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
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Promises of States under International Law ISBN 9781849462327
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Promises of States under International Law (eBook) ISBN 9781847318787
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Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
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The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
Published November 2011
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The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
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International Humanitarian Law and Terrorism ISBN 9781849461375
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Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
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Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
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Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
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Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
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Human Dignity and the Foundations of International Law ISBN 9781849460897
Published June 2010
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£30.99
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Africa: Mapping New Boundaries in International Law
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The Democratic Legitimacy of International Law ISBN 9781841138176
Published June 2010
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Sovereignty and the Stateless Nation: Gibraltar in the Modern Legal Context ISBN 9781841139166
Published October 2009
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£85.00
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Human Dignity and the Foundations of International Law ISBN 9781841133577
Published June 2009
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Counterterrorism: Democracy’s Challenge ISBN 9781841138183
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Africa: Mapping New Boundaries in International Law
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Forced Migration, Human Rights and Security
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Published March 2008
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Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
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Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
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Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
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Biotechnology and International Law ISBN 9781841136318
Published June 2006
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Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781841135816
Published May 2006
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Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
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Published November 2005
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Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
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Enforcing International Law Norms Against Terrorism
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The Permanent International Criminal Court ISBN 9781841132815
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The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
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Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
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Between Light and Shadow ISBN 9781841133904
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