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Journal of International Trade Law and Policy: Investment treaties and national sovereignty: latest developments
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Abstract
Purpose – The purpose of this paper is twofold. First, it identifies the latest trends in investment treaty
making and determines the degree to which these trends affect the regulatory space of nation states. Second, it
situates the conflict between investment protection and national sovereignty on the level of investment
treaties within the wider theoretical framework of the debate between neoliberalism and neorealism in the
field of international relations.
Design/methodology/approach – This research paper uses qualitative content analysis of international
investment treaties with the aim of comparing a sample of new investment treaties with a sample of treaties
from a previous generation.
Findings – The findings of the paper indicate that the language of investment treaties signed recently tends
to promote greater regulatory space for the nation states compared to previous generation of treaties.
However, the analysis also suggests that the changes still offer significant leeway to investment tribunals in
interpreting the new treaty language, which could mean that the move towards greater national sovereignty
in international investment law will not be as significant as many suggest.
Originality/value – Originality of the paper consists mainly in explicit connection it makes between
international investment law and the debate between neorealism and neoliberalism in international relations
theory.
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Text
ENGLISH
EMERALD INSIGHT
2021
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
Martin Karas. (2021).Journal of International Trade Law and Policy:
Investment treaties and national
sovereignty: latest developments.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd