This paper analyzes the expected benefits of investment treaties, including: increased inward investment, increased outward investment, and depoliticization of investment disputes. It then considers evidence of the costs of investment treaties, including: litigation, liability, reputational cost, reduced policy space, distorted power dynamics, reduced role for domestic law-making, and uncertainty in the law. The authors set forth practical steps that states can take relating to both existing treaties as well as future treaties with an objective of increasing desired benefits and decreasing unexpected and high costs of investment treaties.
Dispute Resolution and Arbitration | Environmental Law | Human Rights Law | International Humanitarian Law | International Law | Law | Natural Resources Law | Oil, Gas, and Mineral Law | Securities Law | Transnational Law
Lise Johnson, Jesse Coleman, Brooke Guven & Lisa E. Sachs,
Costs and Benefits of Investment Treaties: Practical Considerations for States,
Available at: https://scholarship.law.columbia.edu/sustainable_investment_staffpubs/81
Dispute Resolution and Arbitration Commons, Environmental Law Commons, Human Rights Law Commons, International Humanitarian Law Commons, International Law Commons, Natural Resources Law Commons, Oil, Gas, and Mineral Law Commons, Securities Law Commons, Transnational Law Commons