Power in the International Investment Framework

Authors: Maria A. Gwynn



This book offers a unique analysis of bilateral investment treaties (BITs). By developing a new, power-focused paradigm for understanding the international investment framework, the author illustrates why there was no paradoxical behaviour when developing countries agreed to the BIT regime, and what has spurred their reaction against it now. She also examines how attempts to regulate investment at a multilateral level have failed, and why the rules of the framework are evolving. Inspired by the work of Susan Strange, Gwynn fills a significant lacuna in our understanding of these issues by demonstrating how power determines the actions of all those involved. This holistic reinterpretation of international investment focuses in particular on Latin America, but has wider implications for the negotiation of new treaties, including such controversial provisions as the Transatlantic Trade and Investment Partnership. It will appeal to lawyers, economists, political scientists and scholars of Latin America.

Table of contents

Front Matter
Pages i-ix

Introduction
Pages 1-22

The Historical Developments of International Investments (Pre-BITs)
Pages 23-42

Relative Power in the Regulation of International Investments at the Multilateral Level
Pages 43-83

BITs in Practice: An Empirical and Comparative Analysis of South American Countries’ BITs
Pages 85-125

Governments’ Intentions and Reasons for Entering BITs into Force
Pages 127-155

Structural Power in the Regulation of International Investments at the Bilateral Level
Pages 157-198

Lessons for the US-EU Transatlantic Trade and Investment Partnership (TTIP)
Pages 199-218

Conclusion
Pages 219-224

Back Matter
Pages 225-243