The chapter challenges claims about depoliticization in two different aspects. The first examined claim is that home states are disenfranchised from pursuing investment claims once they are lodged with ICSID. Is it the case that home states simply stay home? This chapter examines instances where...

Did colonialism end with decolonization? Might it, instead, have taken on new and variable forms, including legal forms? Have narratives of European supremacy been institutionalized via methods of legal rule, in particular, rule under international investment law? This paper explores such...

Among the most significant developments in international investment law and policy in the past decade has been China's adoption of a new model of bilateral investment treaty that embraces disciplines commonly found elsewhere. This has been celebrated by some scholars as heralding the arrival of...

Weber famously described formally rational law as the highest form of modern law, where ‘definitely fixed legal concepts in the form of highly abstract rules are formulated and applied.' Formally rational law facilitated economic development by providing continuous, predictable, and efficient...

Are there discernable the outlines of an emergent global economic constitutional order? If the current global scene is understood as hybrid and plural, there will be no single, unitary global economic constitution in place at the present moment. There only will be partial manifestations –...

There is at present much disenchantment with the rules governing international investment. Conceived as a set of disciplines establishing thresholds of tolerable state behavior, dissatisfaction with this regime has precipitated acts of resistance in many parts of the world. "Resisting Economic...

How is legitimacy to be secured for constitution-like legal orders operating beyond the state? Some scholars recommend connecting aspects of global law to human rights adjudication and enforcement by adopting their preferred method for resolving conflicts, namely, proportionality analysis....