Foreign Investments and the Market for Law

47 Pages Posted: 11 Dec 2014

See all articles by Susan D. Franck

Susan D. Franck

American University - Washington College of Law

Erin A. O'Hara O'Connor

Florida State University - College of Law; Gruter Institute for Law and Behavioral Research

Date Written: December 9, 2014

Abstract

In this Article, Professors O'Hara O'Connor and Franck adapt and extend Larry Ribstein's positive framework for analyzing the role of jurisdictional competition in the law market. Specifically, the authors provide an institutional framework focused on interest group representation that can be used to balance the tensions underlying foreign investment law, including the desire to compete to attract investments and countervailing preferences to retain domestic policy-making discretion. The framework has implications for the respective roles of BITs and investment contracts as well as the inclusion and interpretation of various foreign investment provisions.

Keywords: foreign investment law, investment contracts, interest group representation

JEL Classification: K10, K20, K29

Suggested Citation

Franck, Susan D. and O'Hara O'Connor, Erin A., Foreign Investments and the Market for Law (December 9, 2014). University of Illinois Law Review, No. 5, 2014; Washington & Lee Legal Studies Paper No. 2014-21. Available at SSRN: https://ssrn.com/abstract=2535937

Susan D. Franck (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

Erin A. O'Hara O'Connor

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States

HOME PAGE: http://www.law.fsu.edu/our-faculty/deans/ohara-oconnor

Gruter Institute for Law and Behavioral Research

158 Goya Road
Portola Valley, CA 94028
United States

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