Managing Backlash
The Evolving Investment Treaty Arbitrator
Bibliographic Data
| ID | 12199554 |
|---|---|
| Authors | Malcolm Langford (0000-0002-5975-4320, University of Oslo, corresponding author), Daniel Behn (0000-0003-1610-0519, Liverpool Law School, University of Liverpool, United Kingdom, corresponding author) |
| Year | 2018 |
| Volume | 29 |
| Issue | 2 |
| Pages | 551-580 |
| Publication date | 2018-05-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ejil/chy030 |
| OpenAlex | W2519630982 |
| Language | EN |
| Citations received | 7 |
Have investment treaty arbitrators responded to the so-called ‘legitimacy crisis’ that has beleaguered the international investment regime in the past decade? There are strong rational choice and discursive-based reasons for thinking that these adjudicators would be responsive to the prevailing ‘stakeholder mood’. However, a competing set of legalistic and attitudinal factors may prevent arbitrators from bending towards the arc of enhanced sociological legitimation. This article draws upon a newly created investment treaty arbitration database to analyse the extent and causes of a shift in treaty-based arbitration outcomes. The evidence is suggestive that arbitrators are conditionally reflexive – sensitive to both negative and positive signals from states, especially influential, developed and vocal states
Arbitration · Corporate governance · Economics · Investment (military · Law and economics · Legitimacy · Legitimation · Management · Political economy · Political science · Politics · Treaty · International Arbitration and Investment Law · Law
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| Unique citing works | 7 |
|---|---|
| Citations per year | 1 |
| Citation span | 2019 - 2025 (7) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 7 |