What Explains the Low Success Rate of Investor-State Disputes?

@article{Pelc2017WhatET,
  title={What Explains the Low Success Rate of Investor-State Disputes?},
  author={Krzysztof J. Pelc},
  journal={International Organization},
  year={2017},
  volume={71},
  pages={559 - 583}
}
Abstract The treatment of foreign investment has become the most controversial issue in global governance. At the center of the controversy lies the mechanism of investor-state dispute settlement (ISDS), which allows private firms legal recourse against governments if government interference has degraded their investment. Using newly released data covering 742 investment disputes, I assess some of the central claims about ISDS. I argue that the regime has indeed undergone an important shift: a… 

Do Investor–State Disputes (Still) Harm FDI?

Abstract What are the consequences of being sued for violating bilateral investment treaties? The conventional wisdom is that investor–state disputes (ISDS) tarnish countries' compliance records, and

Why Rich Countries Win Investment Disputes : Taking Selection Seriously

Investor-state dispute settlement (ISDS) is a rapidly growing field of international law, due mainly to a proliferation of investment treaties among states that grant foreign investors the right to

Do Investor-State Disputes (Still) Harm FDI?

What are the consequences of being sued for violating bilateral investment treaties (BITs)? The conventional wisdom is that investor-state disputes (ISDS) tarnish countries’ compliance record, and

Does ownership matter? Claimant characteristics and case outcomes in investor-state arbitration

ABSTRACT The power of foreign investors has become a key component in debates on sovereignty and globalisation. Here the mechanism of investor-state dispute settlement (ISDS), which allows firms

Dispute by Design? Legalisation, Backlash and the Drafting of Investment Agreements

The investment treaty regime is currently going through extensive reform. Driven by a raft of investor–state dispute settlement cases, states are asking: How should we draft future investment

Do Investor-State Disputes Harm FDI ?

What are the consequences of being sued for violating bilateral investment treaties (BITs)? The conventional wisdom is that investor-state disputes (ISDS) extend beyond the case at hand, tarnishing

Essays on Causal Inference and the International Investment Regime

In the last several decades, the growth of bilateral investment treaties (BITs) and the incorporation of investment provisions into regional trade agreements has led to the development of an

International Investment Law and Foreign Direct Reinvestment

Abstract One goal of the law is to provide a means to return disputing parties to cooperation. The prevailing expectation is that international investment law largely does not do this; rather, an

Assessing the Normative Legitimacy of Investment Arbitration: The EU’s Investment Court System

ABSTRACT The inclusion of an investment chapter in the Comprehensive Economic and Trade Agreement (CETA) and the Transatlantic Trade and Investment Partnership (TTIP) has encountered significant

Winning or Losing in Investor‐To‐State Dispute Resolution: The Role of Arbitrator Bias and Experience

When an investor sues a state for alleged breaches of its obligations under an investment treaty or a trade agreement with investment provisions, all that should matter for who wins the case are the
...

References

SHOWING 1-10 OF 54 REFERENCES

Bargaining over BITs, Arbitrating Awards: The Regime for Protection and Promotion of International Investment

The regime for international investment is extraordinary in public international law and controversial in many regions of the world. This article explores two aspects of this set of rules: its

Participation in WTO Dispute Settlement: Complainants, Interested Parties and Free Riders

What affects a country's decision of whether to formally engage in a trade dispute directly related to its exporting interests? This article empirically examines determinants of affected country

Recent Trends in Investor–State Dispute Settlement

Systematic data about investor–state dispute settlement (ISDS) are increasingly important to our understanding of modern relations between states and multinational corporations. This article updates

Do International Rulings Have Spillover Effects?: The View from Financial Markets

How influential are international courts? Can their rulings reach beyond a given case and affect the behavior of countries not party to the dispute? International law is clear on the matter: rulings

Regulatory Chill and the Threat of Arbitration: A View from Political Science

The academic literature on international investment treaties, foreign investment contracts and investor-state dispute settlement is dominated by legal analysis. This is understandable in light of the

Conflating Politics and Development? Examining Investment Treaty Arbitration Outcomes

International dispute settlement is an area of ongoing evaluation and tension within the international political economy. As states continue their negotiations for the Trans-Pacific Partnership (TPP)

Investment Arbitration: Promoting the Rule of Law or Over-Empowering Investors? A Quantitative Empirical Study

Investor-state arbitration, also called investment arbitration, is often accused of harming developing states facing economic hardship, for the benefit of a wealthy few from the Global North. Its

Measuring the Cost of Privacy: A Look at the Distributional Effects of Private Bargaining

Transparency is one of the most contested aspects of international organizations. While observers frequently call for greater oversight of policy making, evidence suggests that settlement between

Contingent Credibility: The Impact of Investment Treaty Violations on Foreign Direct Investment

Abstract During the past few decades governments have signed nearly 2,700 bilateral investment treaties (BITs) with one another in an attempt to attract greater levels of foreign direct investment

Who Gets to Be In the Room? Manipulating Participation in WTO Disputes

Abstract Third parties complicate World Trade Organization (WTO) dispute settlement by adding voices and issues to a dispute. However, complainants can limit third parties by filing cases under
...