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Review of The impact of investment treaty law on host states : enabling good governance? by Mavluda Sattorova
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Zivkovic, Velimir (2018) Review of The impact of investment treaty law on host states : enabling good governance? by Mavluda Sattorova. European Journal of International Law, 29 (3). pp. 1032-1038. ISSN 0938-5428
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WRAP-review-impact-investment-treaty-law-host-states-Zivkovic-2018.pdf - Accepted Version - Requires a PDF viewer. Download (1198Kb) | Preview |
Official URL: http://dx.doi.org/10.1093/ejil/chy049
Abstract
The regimes of public international law can be imagined as adaptively evolving in different ways. One such evolution is the change of narratives in and about these regimes intending to justify and preserve their existence. For Mavluda Sattorova, the regime of international investment law (IIL) exhibits exactly such an evolutionary narrative change. For decades, the predominant justification for international investment agreements (IIAs) was their assumed importance for attracting foreign direct investment into politically and legally risky host states. As the relatively recent surge in empirical evidence has failed to show that IIAs actually do contribute to increased investment flows,1 Sattorova notes a relatively recent shift of narrative. Instead of being portrayed as drivers of investment flows, IIAs are characterized as ‘catalysts of governance reforms in host States, providing the investment treaty regime with another raison d’etre and justifying its recent strides’ (at 9; emphasis in original). The aim of this book, in a way, is to put this newly evolving narrative through a plausibility filter. Can an understanding of IIAs and investment awards as being tools to encourage good governance in host states inject life-preserving legitimacy into IIL? Or does this narrative fail to hold when confronted with reality? With no evidence of a boost in genuine good governance, is the narrative ineffectual in enhancing the legitimacy of IIAs?
| Item Type: | Book Review | ||||
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| Subjects: | K Law [LC] > K Law (General) | ||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||
| Library of Congress Subject Headings (LCSH): | Investments, Foreign -- Law and legislation, Investments, Foreign (International law), Commercial treaties -- Interpretation and construction | ||||
| Journal or Publication Title: | European Journal of International Law | ||||
| Publisher: | Oxford University Press | ||||
| ISSN: | 0938-5428 | ||||
| Book Title: | The Impact of Investment Treaty Law on Host States: Enabling Good Governance? | ||||
| Official Date: | 9 November 2018 | ||||
| Dates: |
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| Date of first compliant deposit: | 6 November 2019 | ||||
| Volume: | 29 | ||||
| Number: | 3 | ||||
| Page Range: | pp. 1032-1038 | ||||
| DOI: | 10.1093/ejil/chy049 | ||||
| Publication Status: | Published | ||||
| Publisher Statement: | This is a pre-copyedited, author-produced PDF of an article accepted for publication in European Journal of International Law following peer review. The version of record, European Journal of International Law, Volume 29, Issue 3, August 2018, Pages 1032–1038 is available online at: https://doi.org/10.1093/ejil/chy049 | ||||
| Access rights to Published version: | Restricted or Subscription Access |
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