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The Impact of Investment Treaty Law on Host States - Enabling Good Governance? (Paperback)
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The Impact of Investment Treaty Law on Host States - Enabling Good Governance? (Paperback)
Series: Studies in International Law
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Traditionally, international investment law was conceptualised as a
set of norms aiming to ensure good governance for foreign
investors, in exchange for their capital and know-how. However, the
more recent narratives postulate that investment treaties and
investor-state arbitration can lead to better governance not just
for foreign investors but also for host state communities.
Investment treaty law can arguably foster good governance by
holding host governments liable for a failure to ensure
transparency, stability, predictability and consistency in their
dealings with foreign investors. The recent proliferation of such
narratives in investment treaty practice, arbitral awards and
academic literature raises questions as to their juridical,
conceptual and empirical underpinnings. What has propelled good
governance from a set of normative ideals to enforceable treaty
standards? Does international investment law possess the necessary
characteristics to inspire changes at the national level? How do
host states respond to investment treaty law? The overarching
objective of this monograph is to unpack existing assumptions
concerning the effects of international investment law on host
states. By combining doctrinal, empirical, comparative analysis and
unveiling the emerging 'nationally felt' responses to international
investment norms, the book aims to facilitate a more informed
understanding of the present contours and the nature of the
interplay between international investment norms and national
realities.
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