The Originality of Outsiders: Innovation in the Investment Treaty System

Autor: Anthea Roberts, Taylor St John
Přispěvatelé: University of St Andrews. Centre for Global Law and Governance, University of St Andrews. School of International Relations
Rok vydání: 2022
Předmět:
Zdroj: European Journal of International Law. 33:1153-1181
ISSN: 1464-3596
0938-5428
Popis: Support for writing this article came from the Norwegian Research Council, Project no. 276009, and the Australian National University Futures Scheme. Funding to follow the UNCITRAL Working Group comes from a capacity-building project funded by the Australian Department of Foreign Affairs and Trade. In recent years, several proposals by states to reform or displace investor–state dispute settlement (ISDS) have gained prominence. While many factors shape which reform proposals states support, here we focus on one important but often overlooked factor: the ‘insider’ or ‘outsider’ status of the government officials who formulate states’ proposals. Based on five years of para-ethnographic observation and interviews with officials involved in ISDS reform, and informed by the interdisciplinary innovation literature, we explore how individuals who have not spent their careers within the field of investment arbitration (and are perceived as ‘outsiders’ by those within that field) have developed more disruptive reform proposals while arbitral insiders have typically proposed sustaining reforms. We illuminate these dynamics in the ISDS reform debates with case studies of four actors: the United States, the European Union, Bahrain, and Brazil. Publisher PDF
Databáze: OpenAIRE
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