IDEAS home Printed from https://ideas.repec.org/a/bla/glopol/v9y2018i2p193-202.html
   My bibliography  Save this article

Internalisation of International Investment Agreements in Public Policymaking: Developing a Conceptual Framework of Regulatory Chill

Author

Listed:
  • Ashley Schram
  • Sharon Friel
  • J. Anthony VanDuzer
  • Arne Ruckert
  • Ronald Labonté

Abstract

The growing number of public policy measures challenged through investor†state dispute settlement has raised critiques that international investment agreements could lead governments to avoid introducing new policy measures out of a fear that these could be challenged by foreign investors, often referred to as ‘regulatory chill’. While the body of work on regulatory chill is still in its infancy, there is a need to interrogate extant studies to better understand the state of the knowledge and the methodological approaches being employed to produce an evidence base. Grounded in a critical review of the existing literature, this paper develops a conceptual framework of regulatory chill, identifying it as one possible policy response wherein investment agreements are internalised by policy makers as considerations during their policy decision†making. Three distinct bodies of work were identified in the literature which helped to populate this framework, including analysis of investment treaty language and awards, interviews with policy makers to explore internalisation of such treaties, and case studies of suspected regulatory chill policy responses. The conceptual framework is intended to help drive forward a cohesive research agenda on regulatory chill that can underpin the ongoing investment treaty reform.

Suggested Citation

  • Ashley Schram & Sharon Friel & J. Anthony VanDuzer & Arne Ruckert & Ronald Labonté, 2018. "Internalisation of International Investment Agreements in Public Policymaking: Developing a Conceptual Framework of Regulatory Chill," Global Policy, London School of Economics and Political Science, vol. 9(2), pages 193-202, May.
  • Handle: RePEc:bla:glopol:v:9:y:2018:i:2:p:193-202
    DOI: 10.1111/1758-5899.12545
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/1758-5899.12545
    Download Restriction: no

    File URL: https://libkey.io/10.1111/1758-5899.12545?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Elsig, Manfred & Ganeson, Kirthana & Jusoh, Sufian & Lugg, Andrew, 2024. "Why is there no investor-state dispute settlement in RCEP? Bargaining and Contestation in the Investment Regime," Papers 1436, World Trade Institute.
    2. Anne Marie Thow & Wolfgang Alschner & Faisal Aljunied, 2023. "Public health clauses in international investment agreements: Sword or shield?," Global Policy, London School of Economics and Political Science, vol. 14(2), pages 260-269, May.
    3. Katharine Heyl & Felix Ekardt & Paula Roos & Jessica Stubenrauch & Beatrice Garske, 2021. "Free Trade, Environment, Agriculture, and Plurilateral Treaties: The Ambivalent Example of Mercosur, CETA, and the EU–Vietnam Free Trade Agreement," Sustainability, MDPI, vol. 13(6), pages 1-24, March.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bla:glopol:v:9:y:2018:i:2:p:193-202. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://edirc.repec.org/data/lsepsuk.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.