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The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences de Taylor St John

The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences

Autor Taylor St John
en Limba Engleză Hardback – 7 mar 2018
Today, investor-state arbitration embodies the worst fears of those concerned about runaway globalization - a far cry from its framers' intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor-state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system.The corporations and law firms that dominate investor-state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment - there was no such evidence.International officials with peacebuilding and development aims drove the rise of investor-state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book's analysis illustrates how unintended consequences emerge and why institutions persist regardless.
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Specificații

ISBN-13: 9780198789918
ISBN-10: 0198789912
Pagini: 300
Dimensiuni: 164 x 242 x 26 mm
Greutate: 0.61 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

Taylor St John's book of course is also what I would call a necessary read for anyone lacking my fascination for archives but who is still involved in the investor-state arbitration field from a policy-related perspective...Perhaps the most important lesson from the invaluable research and fascinating account by Taylor St John is that we should all be careful to accept arguments or opinions at face value. In short, we all need to do our homework...So thank you Taylor St John for opening the doors to the archives, and for making us better equipped to join the conversation for the future.
How can we explain one of the most puzzling and controversial international law regimes of our time: investor-state dispute settlement? Based on painstaking archival research and interviews, St John goes beyond the narrative that capital importing countries, pushed by corporate greed and investor lobbying, signed on to investment treaties without knowing what they got into. Instead, she demonstrates that well-meaning international bureaucrats, at the World Bank, were largely behind the emergence of this exceptional regime with, also for them, unintended consequences. The book offers a captivating story of how international institutions matter and how innocent, incremental steps can create a path dependent Frankenstein that may be difficult to control or reform.
Investment treaties are under fire - in Brussels, in Washington, and around the world. As billionaire investors use ISDS to extract millions from governments, critics describe the process as toxic and embodying runaway globalization. Taylor St John offers a lively and balanced account of how ISDS came into being. Drawing on thousands of original documents, and dozens of interviews, she takes us inside ISDSs founding moments, revealing that this was not a hyper-globalizers conspiracy.
The world has, in recent years, woken up to Investor-State Dispute Settlement, which is viewed by many as a corporate assault on the sovereign rights of developed and developing countries alike. In her fascinating and meticulous book, Taylor St. John unearths the origins of ISDS, showing how a group of idealistic mid-twentieth century international civil servants planted the seeds of a system that would over time draw in national governments, international investors, and lawyers into the controversial practice we know today. St. John's book employs both cutting-edge international relations theory and painstaking archival research to illuminate how the world came, incrementally and unexpectedly, to adopt a system that is both deeply entrenched and widely reviled.

Notă biografică

Taylor St John is a Postdoctoral Research Fellow, PluriCourts, University of Oslo, and Senior Research Associate, Global Economic Governance Programme, University of Oxford.