Is Investor-State Arbitration Unfair? A Freedom-Based Perspective
Investor-state-dispute-settlement (ISDS) is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to...
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| Format: | Article |
| Language: | English |
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Global Justice Network
2017-12-01
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| Series: | Global justice: Theory, Practice, Rhetoric |
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| Online Access: | https://www.theglobaljusticenetwork.org/index.php/gjn/article/view/112 |
| _version_ | 1811276300347768832 |
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| author | Ayelet Banai |
| author_facet | Ayelet Banai |
| author_sort | Ayelet Banai |
| collection | DOAJ |
| description | Investor-state-dispute-settlement (ISDS) is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to the power they grant to foreign investors in matters of public policies in the countries they invest in. This article examines the practice of ISDS through the lenses of liberal-statist theories of international justice, which value self-determination. It argues that the investor-state arbitration system illustrates how liberal-statist theories of international distributive justice ought to care about relative socioeconomic disadvantage, contra the sufficiency principle that they typically defend. The sufficiency principle draws on a questionable conception of the freedom that self-determination consists in. |
| first_indexed | 2024-04-12T23:54:07Z |
| format | Article |
| id | doaj.art-bc3a3e8e92204cffad6dc7068350bf09 |
| institution | Directory Open Access Journal |
| issn | 1835-6842 |
| language | English |
| last_indexed | 2024-04-12T23:54:07Z |
| publishDate | 2017-12-01 |
| publisher | Global Justice Network |
| record_format | Article |
| series | Global justice: Theory, Practice, Rhetoric |
| spelling | doaj.art-bc3a3e8e92204cffad6dc7068350bf092022-12-22T03:11:35ZengGlobal Justice NetworkGlobal justice: Theory, Practice, Rhetoric1835-68422017-12-0110110.21248/gjn.10.1.11294Is Investor-State Arbitration Unfair? A Freedom-Based PerspectiveAyelet Banai0The University of Haifa, Government and Political Theory, School of Political SciencesInvestor-state-dispute-settlement (ISDS) is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to the power they grant to foreign investors in matters of public policies in the countries they invest in. This article examines the practice of ISDS through the lenses of liberal-statist theories of international justice, which value self-determination. It argues that the investor-state arbitration system illustrates how liberal-statist theories of international distributive justice ought to care about relative socioeconomic disadvantage, contra the sufficiency principle that they typically defend. The sufficiency principle draws on a questionable conception of the freedom that self-determination consists in.https://www.theglobaljusticenetwork.org/index.php/gjn/article/view/112Investor-state arbitrationself-determinationinternational distributive justicenegative freedomopportunity freedomvalue of libertyISDS |
| spellingShingle | Ayelet Banai Is Investor-State Arbitration Unfair? A Freedom-Based Perspective Global justice: Theory, Practice, Rhetoric Investor-state arbitration self-determination international distributive justice negative freedom opportunity freedom value of liberty ISDS |
| title | Is Investor-State Arbitration Unfair? A Freedom-Based Perspective |
| title_full | Is Investor-State Arbitration Unfair? A Freedom-Based Perspective |
| title_fullStr | Is Investor-State Arbitration Unfair? A Freedom-Based Perspective |
| title_full_unstemmed | Is Investor-State Arbitration Unfair? A Freedom-Based Perspective |
| title_short | Is Investor-State Arbitration Unfair? A Freedom-Based Perspective |
| title_sort | is investor state arbitration unfair a freedom based perspective |
| topic | Investor-state arbitration self-determination international distributive justice negative freedom opportunity freedom value of liberty ISDS |
| url | https://www.theglobaljusticenetwork.org/index.php/gjn/article/view/112 |
| work_keys_str_mv | AT ayeletbanai isinvestorstatearbitrationunfairafreedombasedperspective |