The Rise of Investor-State Arbitration: Rethinking Key Moments

Activity: Talk or presentation typesInvited talk


University of Edinburgh, Edinburgh Centre for International and Global Law and the Political and International Relations Department

What explains the rise of investor-state arbitration? To the extent that investor-state arbitration had founding fathers, what were their motivations, what constraints did they have, what was their thinking? Using documents from the American, British, German, and Swiss archives, this talk will revisit three moments: the initial vision for a standalone arbitration convention (the ICSID Convention), European governments’ decisions to add consent to arbitration into their investment treaties, and America’s late embrace of investor-state arbitration. Revisiting these moments with internal documents suggests a need to rethink conventional narratives about who and what drove the development of investor-state arbitration. This talk draws on material from St John's monograph, The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences.
Period25 Sept 2019
Held atEdinburgh University, United Kingdom