The 'object and purpose' and incrementalism of investment treaties: can international investment law reinvent its identity?

Güneş Ünüvar

Chapter 21 in Contestation and Polarization in Global Governance, 2023, pp 378-397 from Edward Elgar Publishing

Abstract: This paper explains the shift in international policies on the treaty framework for foreign investment protection towards further clarity, specificity and inclusivity. It provides a tour d'horizon on how the investor and investment protection-centrism in investment law is giving way a multi-faceted object and purpose that takes into account public interests and interests of third parties. It chiefly argues that in light of their provisions concerning environment, health, general public interest, sustainable development, labor rights as well as investor obligations and responsibilities, new generation IIAs are increasingly becoming informed political-legal declarations. The emerging tendencies and patterns in treaty and policymaking indicate that unqualified, ambiguous international protections extended to foreign investors by earlier generation IIAs will give way to more and more inclusive IIAs assertive in their objective of protecting public interest goals.

Keywords: Economics and Finance; Environment; Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2023
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/view/edcoll/9781800887268/9781800887268.00029.xml (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:20755_21

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla ().