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Political Dimensions of Investment Arbitration: ISDS and the TTIP Negotiations

Listed author(s):
  • Thomas Dietz

    ()

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

  • Marius Dotzauer

    ()

    (University of Muenster - Institute of Political Science)

Registered author(s):

    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.

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    File URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2562916
    File Function: Current version, 2015
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    Paper provided by ZenTra - Center for Transnational Studies in its series ZenTra Working Papers in Transnational Studies with number 48 / 2015.

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    Length: 29 pages
    Date of creation: Feb 2015
    Handle: RePEc:zen:wpaper:48
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