Investment Treaties and the Rule of Law Promise
An Examination of the Internalisation of International Commitments in Asia

Investment treaties promise to advance the rule of law in the countries which sign them. In reality, this is not the case.

N. Jansen Calamita (Edited by), Ayelet Berman (Edited by)

9781009153010, Cambridge University Press

Hardback, published 6 October 2022

384 pages
23.5 x 15.9 x 2.6 cm, 0.69 kg

Investment treaties are said to improve the rule of law in the states which enter into them. Fearing claims, governments will internalise international investment obligations into their decision-making processes, resulting in positive spill-over effects on the rule of law. Such arguments have never been backed by empirical research. This book presents an analytical framework for thinking about the internalisation of international commitments in governmental decision making that takes account of the complexities of governance. In so doing, it provides a typology of processes whereby international treaty obligations may be internalised by governments and identifies factors which may affect whether and to what extent international commitments are internalised in governmental decision making. This framework serves as the background for the main body of the book in which empirical case studies address whether and how a select group of governments in Asia internalise international investment treaty obligations in their decision-making.

1. The internalisation of investment treaties and the rule of law promise N. Jansen Calamita and Ayelet Berman
2. Investment treaties and the rule of law in India Prabhash Ranjan
3. Investment treaties and the rule of law in Indonesia John Lumbantobing
4. Investment treaties and the rule of law in Korea Younsik Kim
5. The impact of investment treaties on the rule of law in Myanmar Jonathan Bonnitcha
6. Investment treaties and the rule of law in Singapore Dafina Atanasova
7. Investment treaties and the rule of law: the case of Sri Lanka Sachintha Dias
8. Investment treaties and the rule of law in Thailand Teerawat Wongkaew
9. Investment treaties and the rule of law in Viet Nam Tran Viet Dung
10. Assessing the rule of law promise: The impact of investment treaties on national governance N. Jansen Calamita and Ayelet Berman.

Subject Areas: International economic & trade law [LBBM], Comparative law [LAM], Law [L], Politics & government [JP]