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The Emerging Foreign Investment Regime: Implications for Host State Development Paths

Burgell, Edward (2008)
Department of Economic History
Abstract
This paper examines the increasing use of bilateral investment treaties as instruments of foreign investment protection. The outcomes of treaty arbitrations are analysed to assess the extent to which treaties limit the economic policy choices available to host states. The disputes are also analysed to determine how such treaties may affect the development of legal institutions and the general application of a domestic rule of law. The paper uses a case study of Argentine treaty arbitrations at the International Centre for the Settlement of Investment Disputes. Argentina has been selected for its appearance in multiple disputes over the last decade. It is found that the awards from the disputes involving Argentina have for the most part... (More)
This paper examines the increasing use of bilateral investment treaties as instruments of foreign investment protection. The outcomes of treaty arbitrations are analysed to assess the extent to which treaties limit the economic policy choices available to host states. The disputes are also analysed to determine how such treaties may affect the development of legal institutions and the general application of a domestic rule of law. The paper uses a case study of Argentine treaty arbitrations at the International Centre for the Settlement of Investment Disputes. Argentina has been selected for its appearance in multiple disputes over the last decade. It is found that the awards from the disputes involving Argentina have for the most part severely restricted the host state from mobilising foreign-controlled resource sectors at a time of financial crisis. The disputes also show that the ratification of investment treaties appears to have played a part in diverting the development of effective regulatory mechanisms within the host-state’s legal framework. (Less)
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author
Burgell, Edward
supervisor
organization
year
type
M2 - Bachelor Degree
subject
keywords
property rights, institutions, law, Foreign Investment, Arbitration, Bilateral Investment Treaties, Social and economic history, Ekonomisk och social historia
language
English
id
1334733
date added to LUP
2008-07-03
date last changed
2010-08-03 10:51:52
@misc{1334733,
  abstract     = {This paper examines the increasing use of bilateral investment treaties as instruments of foreign investment protection. The outcomes of treaty arbitrations are analysed to assess the extent to which treaties limit the economic policy choices available to host states. The disputes are also analysed to determine how such treaties may affect the development of legal institutions and the general application of a domestic rule of law. The paper uses a case study of Argentine treaty arbitrations at the International Centre for the Settlement of Investment Disputes. Argentina has been selected for its appearance in multiple disputes over the last decade. It is found that the awards from the disputes involving Argentina have for the most part severely restricted the host state from mobilising foreign-controlled resource sectors at a time of financial crisis. The disputes also show that the ratification of investment treaties appears to have played a part in diverting the development of effective regulatory mechanisms within the host-state’s legal framework.},
  author       = {Burgell, Edward},
  keyword      = {property rights,institutions,law,Foreign Investment,Arbitration,Bilateral Investment Treaties,Social and economic history,Ekonomisk och social historia},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Emerging Foreign Investment Regime: Implications for Host State Development Paths},
  year         = {2008},
}