Costs and Benefits of Investment Treaties: Practical Considerations for States

24 Pages Posted: 2 Dec 2018

See all articles by Lise Johnson

Lise Johnson

Columbia Center on Sustainable Investment

Lisa Sachs

Columbia University - Columbia Center on Sustainable Investment

Brooke Guven

Columbia University - Columbia Center on Sustainable Investment

Jesse Coleman

Columbia University - Columbia Center on Sustainable Investment

Date Written: March 1, 2018

Abstract

This paper analyzes the expected benefits of investment treaties, including: increased inward investment, increased outward investment, and depoliticization of investment disputes. It then considers evidence of the costs of investment treaties, including: litigation, liability, reputational cost, reduced policy space, distorted power dynamics, reduced role for domestic law-making, and uncertainty in the law. The authors set forth practical steps that states can take relating to both existing treaties as well as future treaties with an objective of increasing desired benefits and decreasing unexpected and high costs of investment treaties.

Keywords: Investment Treaties, Investment Disputes, International Investment

JEL Classification: P33, F21

Suggested Citation

Johnson, Lise and Sachs, Lisa and Guven, Brooke and Coleman, Jesse, Costs and Benefits of Investment Treaties: Practical Considerations for States (March 1, 2018). Available at SSRN: https://ssrn.com/abstract=3277965 or http://dx.doi.org/10.2139/ssrn.3277965

Lise Johnson (Contact Author)

Columbia Center on Sustainable Investment ( email )

New York, NY
United States

Lisa Sachs

Columbia University - Columbia Center on Sustainable Investment ( email )

William C. Warren Hall, 1st floor
410 West 116th Street
New York, NY 10027
United States
(212) 854-0691 (Phone)

Brooke Guven

Columbia University - Columbia Center on Sustainable Investment ( email )

William C. Warren Hall, 1st floor
410 West 116th Street
New York, NY 10027
United States

Jesse Coleman

Columbia University - Columbia Center on Sustainable Investment ( email )

William C. Warren Hall, 1st floor
410 West 116th Street
New York, NY 10027
United States

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