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It’s not the Cases, It’s the System

It’s not the Cases, It’s the System M. Sornarajah’s recent analysis of investment arbitration as an offshoot of ‘neoliberalism’ is basically correct. But it attaches too much importance to the bias of the arbitrators and the procedural problems in arbitral practice. The controversy over the Trans-Pacific Partnership (TPP), the Transatlantic Trade and Investment Partnership (TTIP) and investment arbitration generally is not about the niceties of arbitral procedure, the discretion of arbitrators or the pros and cons of the European Union proposed ‘investment court’. The significance of investment arbitration has to do with the many ways in which already the very presence of a ‘dis-embedded’ and one-sided system of claims automatically skews public policies in favour of foreign investors. The juristic debate is but the surface of struggle over the role of public power and democratic governance of domestic and global economy. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

It’s not the Cases, It’s the System

Journal of World Investment and Trade , Volume 18 (2): 11 – Feb 9, 2017

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/22119000-12340037
Publisher site
See Article on Publisher Site

Abstract

M. Sornarajah’s recent analysis of investment arbitration as an offshoot of ‘neoliberalism’ is basically correct. But it attaches too much importance to the bias of the arbitrators and the procedural problems in arbitral practice. The controversy over the Trans-Pacific Partnership (TPP), the Transatlantic Trade and Investment Partnership (TTIP) and investment arbitration generally is not about the niceties of arbitral procedure, the discretion of arbitrators or the pros and cons of the European Union proposed ‘investment court’. The significance of investment arbitration has to do with the many ways in which already the very presence of a ‘dis-embedded’ and one-sided system of claims automatically skews public policies in favour of foreign investors. The juristic debate is but the surface of struggle over the role of public power and democratic governance of domestic and global economy.

Journal

Journal of World Investment and TradeBrill

Published: Feb 9, 2017

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