Jump to Content Jump to Main Navigation

7 Politics of Investment Treaties in Developed Countries

From: The Political Economy of the Investment Treaty Regime

Jonathan Bonnitcha, Lauge N. Skovgaard Poulsen, Michael Waibel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 February 2024

Definition of investment — Treaties, interpretation — Treaty provisions

This chapter focuses on the main factors driving investment treaty policy-making in developed countries. This can only be done based on an understanding of the changing socio-economic environment for foreign investments, and the chapter therefore provides significant historical context to the law and economics of the investment treaty regime. The chapter evaluates four potential explanations for why and how developed countries adopted investment treaties. These are: (i) the promotion of business interests; (ii) de-politicizing investment disputes; (iii) building customary international law; and (iv) using investment treaties for diplomatic and symbolic reasons. The chapter concludes by examining recent developments. These include the rise of investment treaty arbitration against developed country states themselves, which has prompted unprecedented political debate about investment treaties.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.