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Delayed Ratification: The Domestic Fate of Bilateral Investment Treaties

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  • Haftel, Yoram Z.
  • Thompson, Alexander

Abstract

Some treaties are signed and then ratified quickly while others languish in legal limbo, unratified by one or more parties. What explains this variation in the time between signature and ratification? The international relations literature has not taken the ratification stage seriously enough, despite its obvious importance from a legal and a political perspective. We offer a systematic study of this question in the context of bilateral investment treaties. We develop and test a set of theoretical propositions related to domestic-level constraints on the executive, the varying ability of governments to rationally anticipate ratification obstacles, and the bilateral relationship between treaty partners. We generally find support for these propositions but report some surprising findings as well. The article presents implications for investment agreements and treaty making more generally, and raises a number of issues for further study at the intersection of international politics and law.

Suggested Citation

  • Haftel, Yoram Z. & Thompson, Alexander, 2013. "Delayed Ratification: The Domestic Fate of Bilateral Investment Treaties," International Organization, Cambridge University Press, vol. 67(2), pages 355-387, April.
    • Handle: RePEc:cup:intorg:v:67:y:2013:i:02:p:355-387_00
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    Cited by:

    1. Yoram Z. Haftel & Alexander Thompson, 2018. "When do states renegotiate investment agreements? The impact of arbitration," The Review of International Organizations, Springer, vol. 13(1), pages 25-48, March.
    2. Benjamin Martill, 2021. "Deal or no Deal: Theresa May's Withdrawal Agreement and the Politics of (Non‐)Ratification," Journal of Common Market Studies, Wiley Blackwell, vol. 59(6), pages 1607-1622, November.
    3. Soumyajit Mazumder, 2016. "Can I stay a BIT longer? The effect of bilateral investment treaties on political survival," The Review of International Organizations, Springer, vol. 11(4), pages 477-521, December.
    4. Timm Betz & Amy Pond & Weiwen Yin, 2021. "Investment agreements and the fragmentation of firms across countries," The Review of International Organizations, Springer, vol. 16(4), pages 755-791, October.
    5. Timm Betz & Andrew Kerner, 2016. "The influence of interest: Real US interest rates and bilateral investment treaties," The Review of International Organizations, Springer, vol. 11(4), pages 419-448, December.
    6. Asif Efrat & Abraham L. Newman, 2018. "Divulging data: Domestic determinants of international information sharing," The Review of International Organizations, Springer, vol. 13(3), pages 395-419, September.
    7. Clint Peinhardt & Rachel L. Wellhausen, 2016. "Withdrawing from Investment Treaties but Protecting Investment," Global Policy, London School of Economics and Political Science, vol. 7(4), pages 571-576, November.
    8. Florian Mölders, 2016. "On the Path to Trade Liberalisation: Political Regimes in Trade Negotiations," The World Economy, Wiley Blackwell, vol. 39(7), pages 890-924, July.
    9. Zhiyuan Wang & Hyunjin Youn, 2018. "Locating the External Source of Enforceability: Alliances, Bilateral Investment Treaties, and Foreign Direct Investment," Social Science Quarterly, Southwestern Social Science Association, vol. 99(1), pages 80-96, March.

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