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


  • Suzanne A. Spears


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.

Suggested Citation

  • 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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    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.

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