SAIL Seminar “Missing Masters: Causes, Consequences and Corrections for States’ Disengagement from the Investment Treaty System”

Datum
vrijdag 3 feb 2023, 15:30 - 17:30
Type
Online evenement
Gesproken taal
English
Link to register Voeg toe aan agenda

On February 3rd at 15:30 (CEST), the Sustainability in Arbitration, and Investment Law (SAIL) research group at ESL will host Lise Johnson (Curtis, Mallet-Prevost, Colt & Mosle LLP, UK; Columbia Center on Sustainable Investment) and Ladan Mehranvar (Columbia Center on Sustainable Investment) for a discussion on their recent paper “Missing Masters: Causes, Consequences and Corrections for States’ Disengagement from the Investment Treaty System” (Journal of International Dispute Settlement 2022). They will present their main findings and engage in a conversation with the audience around the relevance and implications of their results for the current debate on the reform(s) of the international investment regime.  

Abstract of the paper

Proponents of the international investment law system have treated the concept of de-politicization as a key justification of the investor–state arbitration mechanism. However, this rationale has been increasingly questioned. The system is itself a reflection of the asymmetrical power relations that exist among various actors. We examine data on states’ exercise of their interpretive powers through unilateral interpretations, as a potential means of shifting power away from capital, and identify the factors that may make such engagement more or less likely. What emerges is the asymmetrical patterns of engagement and influence in shaping the law, tilting the balance not just away from states generally, but from Global South states in particular. We propose various reforms that seek to recognize and address the enduring role of politics in the system, produce more just outcomes, and be more inclusive of all state parties in the development of international investment law. 

The paper is available here. Should you not have access to the paper or have any other enquiries, kindly send an email to violi@law.eur.nl or wilinski@law.eur.nl

 

Meer informatie

The seminar will take place online. 

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