National Governance and Investment Treaties
Between Constraint and Empowerment

Comparing extended case studies of 4 states, this book shows how investment treaties influence national governance ideologically, institutionally and socially.

Josef Ostřanský (Author), Facundo Pérez Aznar (Author)

9781316512791, Cambridge University Press

Hardback, published 13 April 2023

224 pages
23.5 x 15.8 x 2.2 cm, 0.6 kg

'This original, fascinating book assesses the impact of international investment treaties and disputes within states in critically needed ways. It explains the role of key actors, processes, and their institutional and ideational effects. It grounds its analysis in detailed case studies of Argentina, the Czech Republic, India, and Mexico. It demonstrates the value of para-ethnographic socio-legal methods for understanding the operation and impact of the investment law regime, and the regime's implications for policy.' Gregory Shaffer, Chancellor's Professor, University of California, Irvine School of Law; President, American Society of International Law

Much of the existing accounts assume that investment treaties affect national governance. However, how exactly this happens has been subject to little analysis. Conventional accounts presume that these treaties improve national governance, leading to good governance and the rule of law for all. Critical accounts charge that investment treaties unduly empower foreign investors and cause a regulatory chill. On both accounts, investment treaties are expected to empower and constrain. Comparing extended case studies of Argentina, the Czech Republic, India and Mexico, this book shows how investment treaties influence national governance ideologically, institutionally, and socially. We show how the overarching role of IIAs in national governance – to cultivate constraining discipline in public administration – is realised and who gets empowered and marginalised in the process. The book's findings will serve in the debates about alternative ways of economic governance and help explain the investment treaty regime's significant resistance to change.

1. National governance and investment treaties
2. Situating the engagements with the investment treaty regime in Argentina, Czech Republic, India, and Mexico
Part I. Discursive and Ideological Effects of Investment Treaties on National Governance
3. Narratives of progress and economic development
4. Narratives of education and constraint
Part II. Formal and Informal Institutional Effects on International Investment Agreements on National Governance
5. The state's institutional rearrangements and international investment agreements
6. defending the state in ISDS and preventing disputes
7. International investment agreements and national lawmaking (part 1): four country snapshots
8. International investment agreements and national lawmaking (part 2): multifaceted uses if IIA-arguments in lawmaking.

Subject Areas: Public international law [LBB]