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The Political Economy of Investment Arbitration (Hardcover)
Loot Price: R2,870
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The Political Economy of Investment Arbitration (Hardcover)
Series: International Economic Law Series
Expected to ship within 12 - 17 working days
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The Political Economy of Investment Arbitration asks how political
institutions and actors in the host state of an investment
contribute to the emergence of investor-state disputes. Combining
insights from international relations and political economy, it
considers two opposing explanations for investor-state disputes:
shifting state preferences toward FDI, or the lack of state
capacity to maintain an investment-friendly environment. This
book's overarching conclusion is that democratic institutions in
host states contribute to the emergence of investor-state disputes.
Phillips Williams argues that at the heart of many investor-state
disputes are highly politicized distributional conflicts involving
a range of domestic interest groups. Indeed, it is often pressure
from these groups, whether through voting, protests or lobbying,
which motivates states to take the policy decisions that are
subsequently subject to investors' legal challenges. Thus, this
monograph demonstrates that in the face of the potentially high
costs posed by investment arbitration, governments continue to take
measures which may harm investors in order to pursue specific
policy goals. More importantly, these disputes are not only the
result of corruption or weak rule of law, but of measures which are
taken at the behest of broader interest groups and relate to clear
public policy concerns. This has important implications of our
normative assessment of the regime and is highly relevant to
current debates in both international law and international
political economy about the relationship between investment
treaties and domestic politics.
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