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How Do Host States Respond to Investment Treaty Law?: Some Empirical Observations

Posted: 15 Dec 2015  

Mavluda Sattorova

University of Liverpool

Ohiocheoya Omiunu

De Montfort University

Mustafa Erkan

Marmara University - School of Law

Date Written: December 14, 2015

Abstract

The proliferation of international investment treaty practice and the subsequent boom of investor-state arbitration have prompted an explosion of scholarly contributions analysing various aspects of this steadily expanding field of international law. Existing scholarship offers a rich seam of doctrinal, normative and theoretical critique of the evolving international investment law regime. However, with the exception of some recent studies, there have been relatively limited efforts to analyse international investment law empirically and in particular from a developing country perspective. This paper aims to contribute by filling the gap and offering some insights into the currently underexplored issue of how international investment law influences host state behaviour. In particular, the aim of this study is to test existing claims about the transformative impact of international investment law on national governance in developing states. The analysis is carried out through a small-scale empirical case-study which focuses on how international investment law is perceived by government officials in developing countries whilst also elucidating how governments responded to investment treaty disciplines after experiencing the regime’s bite.

Keywords: investment arbitration, investor-state dispute settlement, investment treaties, good governance, developing countries

JEL Classification: K00, K33

Suggested Citation

Sattorova, Mavluda and Omiunu, Ohiocheoya and Erkan, Mustafa, How Do Host States Respond to Investment Treaty Law?: Some Empirical Observations (December 14, 2015). Available at SSRN: https://ssrn.com/abstract=2703272

Mavluda Sattorova (Contact Author)

University of Liverpool ( email )

Liverpool, L69 7ZA
United Kingdom

Ohiocheoya Omiunu

De Montfort University ( email )

United Kingdom

Mustafa Erkan

Marmara University - School of Law ( email )

Istanbul
Turkey

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