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Political Dimensions of Investment Arbitration: ISDS and the TTIP Negotiations

Author

Listed:
  • Thomas Dietz

    () (University of Muenster - Institute of Political Science & ZenTra)

  • Marius Dotzauer

    () (University of Muenster - Institute of Political Science)

Abstract

The aim of this paper is to explore the political dimensions of investment arbitration. What drives the structures and rules of this institution of private-transnational dispute settlement? To define political dimensions and develop the basis of a political explanation of investment arbitration, we reconstruct the conflict about investor-state dispute settlement (ISDS) in the negotiations on the Transatlantic Trade and Investment Partnership (TTIP). We argue that the competing interests of different actors shape the design of the institution. Investment arbitration has become politicized. On a horizontal dimension, interest groups argue about the risks and benefits of arbitration. On a vertical dimension, government authorities struggle to balance national sovereignty and global interests. We indicate a political process, defined by the configuration of the horizontal and the vertical dimension, which drives the emergence and development of investment arbitration.

Suggested Citation

  • Thomas Dietz & Marius Dotzauer, 2015. "Political Dimensions of Investment Arbitration: ISDS and the TTIP Negotiations," ZenTra Working Papers in Transnational Studies 48 / 2015, ZenTra - Center for Transnational Studies.
  • Handle: RePEc:zen:wpaper:48
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    More about this item

    Keywords

    Arbitration; investor-state dispute settlement; TTIP; politicization; distributional conflicts;

    JEL classification:

    • F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations
    • F15 - International Economics - - Trade - - - Economic Integration
    • F21 - International Economics - - International Factor Movements and International Business - - - International Investment; Long-Term Capital Movements
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • P16 - Economic Systems - - Capitalist Systems - - - Political Economy of Capitalism

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