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Investment Arbitration and State-Driven Reform: New Treaties, Old Outcomes Hardcover – July 5 2022


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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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Review

"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

About the Author

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.

Product details

  • Publisher ‏ : ‎ Oxford University Press (July 5 2022)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 352 pages
  • ISBN-10 ‏ : ‎ 0197644384
  • ISBN-13 ‏ : ‎ 978-0197644386
  • Item weight ‏ : ‎ 621 g
  • Dimensions ‏ : ‎ 23.77 x 2.87 x 16.33 cm

About the author

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Wolfgang Alschner
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Wolfgang Alschner is an Associate Professor at the Common Law Section of the University of Ottawa, Canada. His research focuses on international economic law, empirical legal research, and the computational analysis of law. He holds a PhD in International Law from the Graduate Institute of International and Development Studies in Geneva, a Master of Law from Stanford Law School, a Master in International Affairs from the Graduate Institute as well as an LLB from the University of London and a BA in International Relations from the University of Dresden, Germany.

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