National Governance and Investment Treaties: Between Constraint and Empowerment

International Law › Securities

National Governance and Investment Treaties: Between Constraint and Empowerment

Edited by Josef Ostřanský · Facundo Pérez Aznar
Cambridge University Press April 2023

Specifications

ISBN-13
9781316512791
Publisher
Cambridge University Press
Publication
April 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Much of the existing accounts assume that investment treaties affect national governance. However, how exactly this happens has been subject to little analysis. Conventional accounts presume that these treaties improve national governance, leading to good governance and the rule of law for all. Critical accounts charge that investment treaties unduly empower foreign investors and cause a regulatory chill. On both accounts, investment treaties are expected to empower and constrain. Comparing extended case studies of Argentina, the Czech Republic, India and Mexico, this book shows how investment treaties influence national governance ideologically, institutionally, and socially. We show how the overarching role of IIAs in national governance – to cultivate constraining discipline in public administration – is realised and who gets empowered and marginalised in the process. The book's findings will serve in the debates about alternative ways of economic governance and help explain the investment treaty regime's significant resistance to change.

Table of Contents

1. National governance and investment treaties
2. Situating the engagements with the investment treaty regime in Argentina, Czech Republic, India, and Mexico
Part I. Discursive and Ideological Effects of Investment Treaties on National Governance
3. Narratives of progress and economic development
4. Narratives of education and constraint
Part II. Formal and Informal Institutional Effects on International Investment Agreements on National Governance
5. The state's institutional rearrangements and international investment agreements
6. defending the state in ISDS and preventing disputes
7. International investment agreements and national lawmaking (part 1): four country snapshots
8. International investment agreements and national lawmaking (part 2): multifaceted uses if IIA-arguments in lawmaking
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