Unpacking Legitimacy Perceptions of Investment Dispute Settlement
Effects of Outcome and Procedure
Bibliographic Data
| ID | 9976996 |
|---|---|
| Authors | Marius Dotzauer (0000-0002-7395-5006, University of Münster, corresponding author) |
| Year | 2024 |
| Volume | 68 |
| Issue | 3 |
| Publication date | 2024-06-24 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Studies Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-8833 • E-ISSN: 1468-2478 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/isq/sqae104 |
| OpenAlex | W4401407119 |
| Language | EN |
| References cited | 61 |
How do citizens perceive different avenues for resolving investor–state disputes in case of an unfavorable decision? In this article, I argue that the interplay between procedure- and outcome-related considerations influences citizens’ legitimacy beliefs toward investor-state dispute settlement (ISDS) systems. First, an unfavorable ISDS ruling should decrease public legitimacy beliefs in the country that got sued. Second, the type of dispute settlement mechanism should influence legitimacy beliefs, leading to different assessments of the legal proceedings. I fielded a survey experiment in France, Germany, and the United States to test these theoretical expectations. The findings confirm that an unfavorable ISDS ruling has a strong negative effect on public perceptions of the legal proceeding, but further show that appropriate design choices can boost public legitimacy beliefs. These results have important implications for the debate about ISDS reform and the scholarship on legitimacy in global governance. The impact of unfavorable decisions on public legitimacy beliefs has been widely overlooked
Corporate governance · Economics · Foreign direct investment · International investment · Investor-state dispute settlement · Law and economics · Legitimacy · Outcome (game theory · Perception · Political science · Scholarship · Settlement (finance · Sociology · State (computer science · Unpacking · International Arbitration and Investment Law · Law · Political Influence and Corporate Strategies · Psychology · Regulation and Compliance Studies
Public Opinion and the Legitimacy of International Courts
The legitimacy and legitimation of international organizations
New Graphic Schemes for Stata
Contested multilateralism
Prospect Theory
Managing Legitimacy
The Power of Legitimacy Among Nations
Why People Obey the Law
Consequences of Legitimacy in Global Governance
International Crises of Legitimacy
Conceptualising backlash politics
Assessing the Normative Legitimacy of Investment Arbitration
The legitimacy crisis of investor-state arbitration and the new EU investment court system
Private authority and transnational governance
The Legitimacy of Global Governance Institutions
Learning and the Precision of International Investment Agreements
Legitimacy and institutional change in international organisations
Institutional sources of legitimacy for international organisations
The social legitimacy of international organisations
Complex Designers and Emergent Design
What kind of EU do citizens want? Reform preferences and the conflict over Europe
International Investment Disputes, Media Coverage, and Backlash Against International Law
Sovereignty, Substance, and Public Support for European Courts’ Human Rights Rulings
The Legitimacy of the Court of Justice in the European Union
Bargaining over BITs, Arbitrating Awards
Evaluating Three Explanations for the Design of Bilateral Investment Treaties
Reassessing the Supreme Court
The Racialization of International Trade
Populism and Backlashes against International Courts
The Chilling Effect of International Investment Disputes
Dispute by Design? Legalization, Backlash, and the Drafting of Investment Agreements
Diplomacy and domestic politics
What Explains the Low Success Rate of Investor-State Disputes
Once Bitten, Twice Shy? Investment Disputes, State Sovereignty, and Change in Treaty Design
Contingent Credibility
Support for Free Trade
Who Settles Disputes? Treaty Design and Trade Attitudes Toward the Transatlantic Trade and Investment Partnership (TTIP)
Legitimacy and Authority in International Politics
The Etiology of Public Support for the Supreme Court
On the Ideological Foundations of Supreme Court Legitimacy in the American Public
Measuring Attitudes toward the United States Supreme Court
Elite Communication and the Popular Legitimacy of International Organizations
Process vs. Outcome? How to Evaluate the Effects of Participatory Processes on Legitimacy Perceptions
A Re-assessment of the Concept of Political Support
Regulatory Chill in a Warming World
On the Legitimacy of National High Courts
| Citation velocity | historical |
|---|---|
| Highly cited | No |