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Accountability in a Regime Complex: Charting Policy Reforms for Investor-State Dispute Settlement

Prepared for the 2016 American Political Science Association Meetings, Panel on Judicialization of International Relations

35 Pages Posted: 19 Sep 2016  

Todd Tucker

Roosevelt Institute

Date Written: September 2, 2016

Abstract

Investor-state dispute settlement is a prime example of a regime complex, with thousands of bilateral treaties laying out standards of treatment, hundreds of ad hoc tribunals issuing interpretations, and a patchwork of multilateral treaties and national laws establishing enforcement provisions. While some states have expressed negotiators' remorse, the complexity of the system makes re-contracting difficult. This paper leverages data from original interviews with investment arbitrators to identify aspects of the system that are problematic from normative efficiency and fairness perspectives. It then proposes a set of sequenced policy reforms that could address these problems in the next U.S. administration.

Keywords: Investor-State Dispute Settlement, Regime Complex, Adjudication, Legislation

JEL Classification: F53, F55

Suggested Citation

Tucker, Todd, Accountability in a Regime Complex: Charting Policy Reforms for Investor-State Dispute Settlement (September 2, 2016). Prepared for the 2016 American Political Science Association Meetings, Panel on Judicialization of International Relations. Available at SSRN: https://ssrn.com/abstract=2840217

Todd Tucker (Contact Author)

Roosevelt Institute ( email )

4079 Albany Post Rd.
Hyde Park, NY 12538
United States

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