82 research outputs found
What Explains the Low Success Rate of Investor-State Disputes?
The treatment of foreign investment has become the most controversial
issue in global governance. At the center of the controversy lies the mechanism of investor-state
dispute settlement (ISDS), which allows private firms legal recourse against
governments if government interference has degraded their investment. Using newly
released data covering 742 investment disputes, I assess some of the central claims
about ISDS. I argue that the regime has indeed undergone an important shift: a majority
of claims today deal not with direct takings by low-rule-of-law countries, but with regulation
in democratic states. Such "indirect expropriation" claims have seen a precipitous
decrease in their odds of legal success over the past twenty years. They are also far
less likely to result in early settlement. These parallel trends may be a result of a rise
in strategic litigation by investors whose aim is not only to obtain compensation but
also to deter governments' regulatory ambitions
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What Would E.H. Carr Say? How International Institutions Address Peaceful Political Change
The Consequences of the Global Financial Crisis: The Rhetoric of Reform and Regulation. Edited by Wyn Grant and Graham K. Wilson. New York: Oxford University Press, 2012. 320p. $99.00.
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