The Trouble with Foreign Investor Protection

Gus Van Harten (Professor and Associate Dean, Professor and Associate Dean, Osgoode Hall Law School, York University)

The Trouble with Foreign Investor Protection
Format
Hardback
Publisher
Oxford University Press
Country
United Kingdom
Published
22 October 2020
Pages
224
ISBN
9780198866213

The Trouble with Foreign Investor Protection

Gus Van Harten (Professor and Associate Dean, Professor and Associate Dean, Osgoode Hall Law School, York University)

Governments are rightly discussing reform of investment treaties, and of the incredibly powerful system of ‘investor-state dispute settlement’ (ISDS) upon which they rest. At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties showing their ties to decolonization and, at times, extreme violence and authoritarianism. Focusing on early ISDS lawsuits and rulings, it is revealed how a small group of lawyers and arbitrators worked to create the legal foundations for massive growth of ISDS since 2000. ISDS-based protections are examined in detail to demonstrate how they give exceptional advantages to the wealthy. Various examples are also offered of how the protections have been used to reconfigure state decision-making and shift sovereign minds in favour of foreign investors. Lastly, the ongoing efforts of governments to reform ISDS are surveyed, with a call to go further or, best of all, to withdraw from the treaties. This book is essential reading for anyone wanting to know more about the shady world of investment protection.

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