Abstract
If a government ratifies investment treaties and provides foreigners with access to investor-state arbitration, they will receive additional foreign investment. This has been the premise of investment law for over 50 years. Is it true? Two decades of studies testing this premise have been inconclusive (as Bonnitcha, Poulsen, and Waibel summarize). Since statistics on foreign investment are notoriously unreliable, they are unlikely to provide a clear answer anytime soon.
We can, however, answer a slightly different question: when officials drafted investment treaties and arbitration, did they expect them to facilitate more investment? The answer that emerges from internal discussions among officials in the UK and the US is clear: no.
We can, however, answer a slightly different question: when officials drafted investment treaties and arbitration, did they expect them to facilitate more investment? The answer that emerges from internal discussions among officials in the UK and the US is clear: no.
| Original language | English |
|---|---|
| Specialist publication | Oxford University Press Blog |
| Publication status | Published - 27 May 2018 |