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Contribution to Book
Reforming the System of International Investment Dispute Settlement
C.L. Lim (ed.) Alternative Visions in the International Law on Foreign Investment: Essays in Honour of Muthucumaraswamy Sornarajah (Cambridge University Press, 2016)
  • Gus Van Harten, Osgoode Hall Law School of York University
Document Type
Book Chapter
Publication Date
1-1-2016
Abstract

This book is about the forces that are reshaping the international law on foreign investment today. It begins by explaining the liberal origins of contemporary investment treaties before addressing a current backlash against these treaties and the device of investment arbitration. The book describes a long-standing legal-intellectual resistance to a neo-liberal global economic agenda, and how tribunals have interpreted various treaty standards instead. It introduces our reader to the changes now taking place in the design of a range of familiar treaty clauses, and it describes how some of these changes are now driven not only by developing and emerging economies but also by the capital-exporting nations. Finally, it explores the life, career and writings of Muthucumaraswamy Sornarajah, a scholar whose work has been dedicated to the realisation of many of these changes, and his views about the hold global capital has over legal practice.

Citation Information
Gus Van Harten. "Reforming the System of International Investment Dispute Settlement" C.L. Lim (ed.) Alternative Visions in the International Law on Foreign Investment: Essays in Honour of Muthucumaraswamy Sornarajah (Cambridge University Press, 2016) (2016)
Available at: http://works.bepress.com/gus_vanharten/145/