This book is about the forces that are reshaping the international
law on foreign investment today. It begins by explaining the
liberal origins of contemporary investment treaties before
addressing a current backlash against these treaties and the device
of investment arbitration. The book describes a long-standing
legal-intellectual resistance to a neo-liberal global economic
agenda, and how tribunals have interpreted various treaty standards
instead. It introduces our reader to the changes now taking place
in the design of a range of familiar treaty clauses, and it
describes how some of these changes are now driven not only by
developing and emerging economies but also by the capital-exporting
nations. Finally, it explores the life, career and writings of
Muthucumaraswamy Sornarajah, a scholar whose work has been
dedicated to the realisation of many of these changes, and his
views about the hold global capital has over legal practice.
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