Full Description
In Investor State Arbitration In A Changing World Order, the authors examine the sustained worldwide challenges to investor state arbitration arising from across the political spectrum. These challenges have led to extensive and thoughtful proposals for reform from the international arbitration community, domestic lawmakers, and international bureaucrats. These reforms play an important role in the continuous evolution of investor state arbitration, and will enhance the quality of justice rendered.
However, the authors argue, these reforms are insufficient to resolve the domestic political challenges that investor state arbitration faces. Only political solutions that justify for broad populations the international flow of capital and the independent resolution of disputes arising therefrom can preserve the institution of investor state arbitration. Absent the more equitable distribution of the benefits associated with the international flow of capital, political support for investor state arbitration will remain tenuous, notwithstanding the significant de-escalatory benefits investor state arbitration offers.
Contents
Investor State Arbitration in a Changing World Order
Tai-Heng Cheng & Alexander W. Resar
Abstract 1
Keywords
Preface
Introduction: The Intertwined Fates of the Liberal Order and Investor-State Arbitration
Part 1: The Development of Investor-State Arbitration
Part 2: Contextualizing the Backlash against Investor-State Arbitration
Part 3: Reforming Investor-State Arbitration
Conclusion: The Future of Investor State Arbitration
References
