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Investment Arbitration and State-Driven Reform: New Treaties, Old Outcomes

ISBN13: 9780197644386
To be Published: August 2022
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £64.00

States' efforts to reform the international investment regime have triggered an arbitral backlash. In response to shortcomings of earlier investment agreements, states concluded a new generation of investment treaties that actively balances investment protection obligations with host country policy space. These new-generation agreements are more comprehensive, more precise, and include novel features such as general public policy exceptions. This book reviews the first set of awards rendered under those agreements and finds that new treaties have produced old interpretive outcomes in investment arbitration, and undermine state-driven investment reforms.

Adopting a systemic, evidence-based, and interdisciplinary perspective, the book leverages new data that comprehensively reflects regime dynamics, employs state-of-the-art technology including legal data science to treat the text of more than 3000 investment agreements as data, and draws from a range of theoretical frameworks spanning from law and economics to complexity science. The result is a new and authoritative empirical account of the evolution and current state of the international investment regime.

International Investment Law, Arbitration and Alternative Dispute Resolution
Table of Cases
Part I: State-Driven Reform
Chapter 1. Treaties as Data
Chapter 2. Change as Gap-filling
Chapter 3. Evolution as Americanization
Part II: New Treaties, Old Outcomes
Chapter 4. Reversing Innovation through MFN
Chapter 5. Overriding Differences through Custom
Chapter 6. Perpetuating Mistakes through Precedent
Part III: New Treaties as Anchor Points
Chapter 7. Forward-Looking Interpretation
Chapter 8. Data-Driven Renegotiation
Chapter 9. Tax-Style Multilateralization