Investment Arbitration and State-Driven Reform...under review provide fruitful, and complementary, insights as we collectively consider the path ahead.

Olabisi D. Akinkugbe, The American Journal of International Law

This book is not only important - it is avant garde in many ways. From the computational analysis approach to the analysis of treaties - their innovation and the outcomes of the awards interpreting them, the interdisciplinary approach harnessed, and the three distinct avenues for efficient reform to produce the expected new outcomes to the modernized treaties-it may be said that the puzzle itself might have been too ambitious.

Canadian Yearbook of International Law

This monograph will be most useful for academics who want to sharpen their understanding of investment treaty practice and government officials who seek to add to their toolbox. With his book, Alschner has written amajor contribution to the evolving debate on investment treaty reform. He meaningfully combines data science, doctrinal analysis and policy recommendations to dissect what he considers foundational shortcomings of investment law and constructively charts ways forward. For anyone interested in the future of international investment law there is no way around this book.

Fabian Eichberger, International and Comparative Law Quarterly

States' efforts to reform the international investment regime have triggered an arbitral backlash. In response to shortcomings of earlier investment agreements, states concluded a new generation of investment treaties that actively balances investment protection obligations with host country policy space. These new-generation agreements are more comprehensive, more precise, and include novel features such as general public policy exceptions. This book reviews the first set of awards rendered under those agreements and finds that new treaties have produced old interpretive outcomes in investment arbitration, and undermine state-driven investment reforms. Adopting a systemic, evidence-based, and interdisciplinary perspective, the book leverages new data that comprehensively reflects regime dynamics, employs state-of-the-art technology including legal data science to treat the text of more than 3000 investment agreements as data, and draws from a range of theoretical frameworks spanning from law and economics to complexity science. The result is a new and authoritative empirical account of the evolution and current state of the international investment regime.
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Acknowledgments List of Abbreviations Table of Cases Introduction Part I: State-Driven Reform Chapter 1. Treaties as Data Chapter 2. Change as Gap-filling Chapter 3. Evolution as Americanization Part II: New Treaties, Old Outcomes Chapter 4. Reversing Innovation through MFN Chapter 5. Overriding Differences through Custom Chapter 6. Perpetuating Mistakes through Precedent Part III: New Treaties as Anchor Points Chapter 7. Forward-Looking Interpretation Chapter 8. Data-Driven Renegotiation Chapter 9. Tax-Style Multilateralization
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"Investment Arbitration and State-Driven Reform...under review provide fruitful, and complementary, insights as we collectively consider the path ahead." -- Olabisi D. Akinkugbe, The American Journal of International Law "This book is not only important - it is avant garde in many ways. From the computational analysis approach to the analysis of treaties - their innovation and the outcomes of the awards interpreting them, the interdisciplinary approach harnessed, and the three distinct avenues for efficient reform to produce the expected new outcomes to the modernized treaties-it may be said that the puzzle itself might have been too ambitious." -- Canadian Yearbook of International Law "This monograph will be most useful for academics who want to sharpen their understanding of investment treaty practice and government officials who seek to add to their toolbox. With his book, Alschner has written amajor contribution to the evolving debate on investment treaty reform. He meaningfully combines data science, doctrinal analysis and policy recommendations to dissect what he considers foundational shortcomings of investment law and constructively charts ways forward. For anyone interested in the future of international investment law there is no way around this book." -- Fabian Eichberger, International and Comparative Law Quarterly
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Wolfgang Alschner is an empirical legal scholar specialized in International Economic Law and Legal Data Science. He holds a PhD in International Law from the Graduate Institute in Geneva, Switzerland, and a Master of Laws from Stanford Law School. Since 2017 he has been a Faculty Member of the Common Law Section of the University of Ottawa, Canada, with cross-appointment to the Faculty of Computer Science. He teaches International Economic Law, Legal Research Methodology and Data Science for Lawyers in French and English and runs the uOttawa LegalTech Lab.
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Selling point: Presents an authoritative empirical analysis of the evolution of investment treaties based on a comprehensive new dataset of more than 3300 International Investment Agreements Selling point: Shows that, counterintuitively, newly designed investment treaties are interpreted like old ones in investment arbitration Selling point: Charts a way towards reforming the stock of investment treaties by focusing on the interpretation, renegotiation, and multilateral reform of old treaties
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Produktdetaljer

ISBN
9780197644386
Publisert
2022
Utgiver
Vendor
Oxford University Press Inc
Vekt
621 gr
Høyde
163 mm
Bredde
238 mm
Dybde
29 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
352

Forfatter

Om bidragsyterne

Wolfgang Alschner is an empirical legal scholar specialized in International Economic Law and Legal Data Science. He holds a PhD in International Law from the Graduate Institute in Geneva, Switzerland, and a Master of Laws from Stanford Law School. Since 2017 he has been a Faculty Member of the Common Law Section of the University of Ottawa, Canada, with cross-appointment to the Faculty of Computer Science. He teaches International Economic Law, Legal Research Methodology and Data Science for Lawyers in French and English and runs the uOttawa LegalTech Lab.