The Impact of Investment Treaties on Governance of Private Investment in Infrastructure

69 Pages Posted: 21 Mar 2014 Last revised: 7 Oct 2014

See all articles by Lise Johnson

Lise Johnson

Columbia Center on Sustainable Investment

Date Written: March 1, 2014

Abstract

Governments are increasingly turning to the private sector to provide the capital, resources and/or know-how necessary for development and operation of infrastructure. In some cases, the involvement by the private sector will trigger coverage by an international investment treaty that overlies, and can override, the domestic law and contract that would otherwise be applicable to the project. This paper discusses the circumstances affecting when an investment treaty will apply and also highlights some of the ways that investment treaties can impact governance of infrastructure development and operation. While focusing on the relationship between investment treaties and investments in infrastructure, this paper is also relevant for the connections between investment treaties and other activities involving investor-state contracts (or quasi-contractual relationships) such as investments in the extractive industries.

Keywords: BITs; Investor-State Arbitration; Infrastructure; Foreign Investment; FDI

Suggested Citation

Johnson, Lise, The Impact of Investment Treaties on Governance of Private Investment in Infrastructure (March 1, 2014). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2014/32. Available at SSRN: https://ssrn.com/abstract=2411575 or http://dx.doi.org/10.2139/ssrn.2411575

Lise Johnson (Contact Author)

Columbia Center on Sustainable Investment ( email )

New York, NY
United States

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