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Article
Foreign Investments and the Market for Law
University of Illinois Law Review (2014)
  • Susan D. Franck, American University Washington College of Law
Abstract
In this Article, Professors O'Hara O'Connor and Franck adapt and extend Larry Ribstein's positive framework for analyzing the role of jurisdictional competition in the law market. Specifically, the authors provide an institutional framework focused on interest group representation that can be used to balance the tensions underlying foreign investment law, including the desire to compete to attract investments and countervailing preferences to retain domestic policy-making discretion. The framework has implications for the respective roles of BITs and investment contracts as well as the inclusion and interpretation of various foreign investment provisions.



Keywords
  • foreign investment law,
  • investment contracts,
  • interest group representation
Disciplines
Publication Date
2014
Citation Information
Susan D. Franck. "Foreign Investments and the Market for Law" University of Illinois Law Review Vol. 2014 Iss. 5 (2014) p. 1617 ISSN: 0276-9948
Available at: http://works.bepress.com/susan-franck/55/