The Emerging Global Right to Investment: Understanding the Reasoning Behind Foreign Investor Rights

Forthcoming in the Journal of International Dispute Settlement

25 Pages Posted: 21 Sep 2017  

Nicolás M. Perrone

Durham Law School

Date Written: September 20, 2017

Abstract

The international investment regime is probably the most controversial area of international law today. This article argues that looking at the interpretation of foreign investor rights can help us to better understand this regime and the challenges it poses to states and local actors. Relying on property and contract law theory, this article shows that the arbitral interpretation of foreign investor rights privileges wealth maximization over propriety. This leads arbitrators to draw on particular theories of property and contractual reliance. The analysis of these interpretative moves brings to the front crucial normative and distributive implications of the international investment regime.

Keywords: International Investment Law, ISDS, Foreign investor rights, Transnational Law, Property

Suggested Citation

Perrone, Nicolás M., The Emerging Global Right to Investment: Understanding the Reasoning Behind Foreign Investor Rights (September 20, 2017). Forthcoming in the Journal of International Dispute Settlement. Available at SSRN: https://ssrn.com/abstract=3040074 or http://dx.doi.org/10.2139/ssrn.3040074

Nicolas Marcelo Perrone (Contact Author)

Durham Law School ( email )

Durham
United Kingdom

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