Political Dimensions of Investment Arbitration: ISDS and the TTIP Negotiations

Thomas Dietz () and Marius Dotzauer ()
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Thomas Dietz: University of Muenster - Institute of Political Science & ZenTra
Marius Dotzauer: University of Muenster - Institute of Political Science

No 48 / 2015, ZenTra Working Papers in Transnational Studies from ZenTra - Center for Transnational Studies

Abstract: The aim of this paper is to explore the political dimensions of investment arbitration. What drives the structures and rules of this institution of private-transnational dispute settlement? To define political dimensions and develop the basis of a political explanation of investment arbitration, we reconstruct the conflict about investor-state dispute settlement (ISDS) in the negotiations on the Transatlantic Trade and Investment Partnership (TTIP). We argue that the competing interests of different actors shape the design of the institution. Investment arbitration has become politicized. On a horizontal dimension, interest groups argue about the risks and benefits of arbitration. On a vertical dimension, government authorities struggle to balance national sovereignty and global interests. We indicate a political process, defined by the configuration of the horizontal and the vertical dimension, which drives the emergence and development of investment arbitration.

Keywords: Arbitration; investor-state dispute settlement; TTIP; politicization; distributional conflicts (search for similar items in EconPapers)
JEL-codes: F13 F15 F21 K33 P16 (search for similar items in EconPapers)
Pages: 29 pages
Date: 2015-02
New Economics Papers: this item is included in nep-hme, nep-int, nep-law and nep-pol
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Citations: View citations in EconPapers (3)

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Persistent link: https://EconPapers.repec.org/RePEc:zen:wpaper:48

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