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The Quest for Policy Space in a New Generation of International Investment Agreements

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  • Suzanne A. Spears

Abstract

One of the most important challenges facing the international investment law regime today is how to strike a balance between principles regarding the protection and promotion of foreign investment on the one hand and principles regarding the protection of society and the environment on the other. A number of states have made significant progress towards meeting that challenge by adding interpretive provisions, general exceptions clauses and new preambular language to a new-generation of international investment agreements (IIAs). If the serious substantive and procedural questions they raise can be answered satisfactorily, these new treaties may go a long way towards saving the international investment law from the legitimacy crisis it is currently experiencing. Oxford University Press 2010, all rights reserved, Oxford University Press.

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  • Suzanne A. Spears, 2010. "The Quest for Policy Space in a New Generation of International Investment Agreements," Journal of International Economic Law, Oxford University Press, vol. 13(4), pages 1037-1075, December.
    • Handle: RePEc:oup:jieclw:v:13:y:2010:i:4:p:1037-1075
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    File URL: http://hdl.handle.net/10.1093/jiel/jgq048
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    Cited by:

    1. Ana Luiza Cortez & Mehmet Arda, 2014. "Global trade rules for supporting development in the post-2015 era," CDP Background Papers 019, United Nations, Department of Economics and Social Affairs.
    2. Wilfredo Robayo Galvis, 2018. "La defensa internacional de los intereses del estado en América Latina. Temas de derecho internacional público n.° 1," Books, Universidad Externado de Colombia, Facultad de Derecho, number 1076.

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