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http://ssrn.com/abstract=2065706
 
 

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


Kyla Tienhaara


Regulatory Institutions Network; School of Regulation & Global Governance (RegNet)

October 28, 2010

EVOLUTION IN INVESTMENT TREATY LAW AND ARBITRATION, Chester Brown, Kate Miles, eds., Cambridge University Press, 2011

Abstract:     
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 complexity and, until recently, relative obscurity of the field. However, it is imperative that scholars from other disciplines now become more actively engaged in the critical debates surrounding investment law and investment arbitration in particular. One example of an issue that has been inadequately addressed and often prematurely dismissed by legal scholars is ‘regulatory chill’. Fundamentally, the notion of regulatory chill suggests that investment arbitration - as an institution - may influence the course of policy development. For reasons that will be laid out in this chapter, investigating regulatory chill requires methods and approaches more familiar to political scientists than to lawyers.

Number of Pages in PDF File: 28

Keywords: investor-state dispute settlement, regulatory chill, investment treaties


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Date posted: May 24, 2012  

Suggested Citation

Tienhaara, Kyla, Regulatory Chill and the Threat of Arbitration: A View from Political Science (October 28, 2010). EVOLUTION IN INVESTMENT TREATY LAW AND ARBITRATION, Chester Brown, Kate Miles, eds., Cambridge University Press, 2011. Available at SSRN: http://ssrn.com/abstract=2065706

Contact Information

Kyla Tienhaara (Contact Author)
Regulatory Institutions Network ( email )
Canberra, Australian Capital Territory 2601
Australia
+61 2 6125 3813 (Phone)

School of Regulation & Global Governance (RegNet) ( email )
Canberra, Australian Capital Territory 0200
Australia

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