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The Rise of Investor-State Arbitration – Politics, Law, and Unintended Consequences - Oxford Scholarship Online
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The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences

Taylor St John


Today, investor–state arbitration embodies the worst fears of those concerned about runaway globalization—a far cry from its framers’ intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor–state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system. The corporations and law firms that dominate investor–state arbitration today were not present at its creati ... More

Keywords: investor–state arbitration, Investor State Dispute Settlement (ISDS), International Investment Law, Historical Institutionalism, Bilateral Investment Treaties, World Bank, ICSID, gradual institutional development

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780198789918
Published to Oxford Scholarship Online: April 2018 DOI:10.1093/oso/9780198789918.001.0001


Affiliations are at time of print publication.

Taylor St John, author
Postdoctoral Research Fellow and Senior Research Associate, PluriCourts, University of Oslo and Global Economic Governance Programme, University of Oxford