• Media type: E-Book
  • Title: Managing Backlash : The Evolving Investment Treaty Arbitrator?
  • Contributor: Langford, Malcolm [Author]; Behn, Daniel [Other]
  • imprint: [S.l.]: SSRN, [2016]
  • Extent: 1 Online-Ressource (28 p)
  • Language: English
  • Origination:
  • Footnote: In: European Journal of International Law, Forthcoming
    Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments September 6, 2016 erstellt
  • Description: Have investment treaty arbitrators responded to the so-called ‘legitimacy crisis' that has beleaguered the international investment regime in the past decade? There are strong rational choice and discursive-based reasons for thinking that arbitrators would be responsive to the prevailing ‘stakeholder mood.' However, a competing set of legalistic and attitudinal factors may prevent arbitrators from bending towards the arc of enhanced sociological legitimation. This article draws upon a newly created investment treaty arbitration database to analyze the extent and causes of a shift in treaty-based arbitration outcomes. The evidence suggests that arbitrators are conditionally reflexive: sensitive to both negative and positive signals from states, especially vocal, influential and developed states
  • Access State: Open Access