IDEAS home Printed from https://ideas.repec.org/a/cog/poango/v8y2020i1p336-347.html
   My bibliography  Save this article

‘Authority Shifts’ in Global Governance: Intersecting Politicizations and the Reform of Investor–State Arbitration

Author

Listed:
  • Anna Herranz-Surrallés

    (Politics Department, Faculty of Arts and Social Science, Maastricht University, The Netherlands)

Abstract

The global investment regime is a prime example of the so-called ‘politicization beyond the state.’ Investment agreements with an Investor–State Dispute Settlement (ISDS) mechanism have become contested in several corners of the globe, triggering a widespread reform process encompassing national, regional and multilateral levels. This article examines the consequences of this confluence of politicization processes, focusing on the European Union (EU) and two key venues of ISDS reform: the United Nations Commission on International Trade Law (UNCITRAL) and the Energy Charter Treaty (ECT). Combining different strands of politicization literature in International Relations and Political Science, the article advances a nuanced conceptualisation of the institutional consequences of politicization that goes beyond a deepening/decline dichotomy. Instead, the article examines whether and how politicization generates ‘authority shifts,’ either through a vertical move between international and national levels; and/or through a horizontal recalibration between public and private forms of governance. The article argues that although the EU’s initiative for global ISDS reform intended to rebalance public and private authority while strengthening its international character, the on-going reform processes at the UNCITRAL and the ECT may eventually lead to a (partial) dismantling of international authority.

Suggested Citation

  • Anna Herranz-Surrallés, 2020. "‘Authority Shifts’ in Global Governance: Intersecting Politicizations and the Reform of Investor–State Arbitration," Politics and Governance, Cogitatio Press, vol. 8(1), pages 336-347.
    • Handle: RePEc:cog:poango:v8:y:2020:i:1:p:336-347
    DOI: 10.17645/pag.v8i1.2651
    as

    Download full text from publisher

    File URL: https://www.cogitatiopress.com/politicsandgovernance/article/view/2651
    Download Restriction: no
    File URL: https://libkey.io/10.17645/pag.v8i1.2651?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
    ---><---

    References listed on IDEAS

    as
    1. Thomas Dietz & Marius Dotzauer & Edward S. Cohen, 2019. "The legitimacy crisis of investor-state arbitration and the new EU investment court system," Review of International Political Economy, Taylor & Francis Journals, vol. 26(4), pages 749-772, July.
    2. Lauge N. Skovgaard Poulsen & Emma Aisbett, 2011. "When the Claim Hits: Bilateral Investment Treaties and Bounded Rational Learning," Crawford School Research Papers 1105, Crawford School of Public Policy, The Australian National University.
    3. Hooghe, Liesbet & Marks, Gary, 2009. "A Postfunctionalist Theory of European Integration: From Permissive Consensus to Constraining Dissensus," British Journal of Political Science, Cambridge University Press, vol. 39(1), pages 1-23, January.
    4. Lisa Diependaele & Ferdi De Ville & Sigrid Sterckx, 2019. "Assessing the Normative Legitimacy of Investment Arbitration: The EU’s Investment Court System," New Political Economy, Taylor & Francis Journals, vol. 24(1), pages 37-61, January.
    5. Jonas Tallberg & Michael Zürn, 2019. "The legitimacy and legitimation of international organizations: introduction and framework," The Review of International Organizations, Springer, vol. 14(4), pages 581-606, December.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Anna Herranz-Surrallés, 2020. "‘Authority Shifts’ in Global Governance: Intersecting Politicizations and the Reform of Investor–State Arbitration," Politics and Governance, Cogitatio Press, vol. 8(1), pages 336-347.
    2. Rauh, Christian, 2022. "Clear messages to the European public? The language of European Commission press releases 1985–2020," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, issue Latest Ar, pages 1-19.
    3. FabianG. Neuner, 2020. "Public Opinion and the Legitimacy of Global Private EnvironmentalGovernance," Global Environmental Politics, MIT Press, vol. 20(1), pages 60-81, February.
    4. Bart-Jaap Verbeek, 2022. "Embedded Neoliberalism and the Legitimacy of the Post-Lisbon European Union Investment Policy," Politics and Governance, Cogitatio Press, vol. 10(3), pages 110-120.
    5. Tobias Lenz & Besir Ceka & Liesbet Hooghe & Gary Marks & Alexandr Burilkov, 2023. "Discovering cooperation: Endogenous change in international organizations," The Review of International Organizations, Springer, vol. 18(4), pages 631-666, October.
    6. Bart-Jaap Verbeek, 2022. "Embedded Neoliberalism and the Legitimacy of the Post-Lisbon European Union Investment Policy," Politics and Governance, Cogitatio Press, vol. 10(3), pages 110-120.
    7. Johann Robert Basedow, 2022. "Why de‐judicialize? Explaining state preferences on judicialization in World Trade Organization Dispute Settlement Body and Investor‐to‐State Dispute Settlement reforms," Regulation & Governance, John Wiley & Sons, vol. 16(4), pages 1362-1381, October.
    8. Lisanne de Blok & Max Heermann & Julian Schuessler & Dirk Leuffen & Catherine E. de Vries, 2024. "All on board? The role of institutional design for public support for differentiated integration," European Union Politics, , vol. 25(3), pages 593-604, September.
    9. Julian Aichholzer & Sylvia Kritzinger & Carolina Plescia, 2021. "National identity profiles and support for the European Union," European Union Politics, , vol. 22(2), pages 293-315, June.
    10. Marco Manacorda & Guido Tabellini & Andrea Tesei, 2022. "Mobile internet and the rise of political tribalism in Europe," CEP Discussion Papers dp1877, Centre for Economic Performance, LSE.
    11. Felicity Vabulas, 2020. "Christian Kreuder-Sonnen. 2019. Emergency Powers of International Organizations: Between Normalization and Containment. (Oxford: Oxford University Press)," The Review of International Organizations, Springer, vol. 15(4), pages 969-973, October.
    12. Soetkin Verhaegen & Marc Hooghe & Ellen Quintelier, 2014. "European Identity and Support for European Integration: A Matter of Perceived Economic Benefits?," Kyklos, Wiley Blackwell, vol. 67(2), pages 295-314, May.
    13. Chia-yi Lee & Noel P. Johnston, 2016. "Improving Reputation BIT by BIT: Bilateral Investment Treaties and Foreign Accountability," International Interactions, Taylor & Francis Journals, vol. 42(3), pages 429-451, May.
    14. Rauh, Christian, 2015. "Communicating supranational governance? The salience of EU affairs in the German Bundestag, 1991–2013," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 16(1), pages 116-138.
    15. Cynthia Couette, 2024. "Epistemic competition in global governance: The case of pharmaceutical patents," Global Policy, London School of Economics and Political Science, vol. 15(3), pages 516-527, June.
    16. Matthias Mader & Moritz Neubert & Felix Münchow & Stephanie C Hofmann & Harald Schoen & Konstantin Gavras, 2024. "Crumbling in the face of cost? How cost considerations affect public support for European security and defence cooperation," European Union Politics, , vol. 25(3), pages 483-503, September.
    17. Katjana Gattermann & Claes H De Vreese, 2017. "The role of candidate evaluations in the 2014 European Parliament elections: Towards the personalization of voting behaviour?," European Union Politics, , vol. 18(3), pages 447-468, September.
    18. Robert Basedow, 2021. "The EU's International Investment Policy ten years on: the Policy‐Making Implications of Unintended Competence Transfers," Journal of Common Market Studies, Wiley Blackwell, vol. 59(3), pages 643-660, May.
    19. Liesbet Hooghe & Tobias Lenz & Gary Marks, 2019. "Contested world order: The delegitimation of international governance," The Review of International Organizations, Springer, vol. 14(4), pages 731-743, December.
    20. Braun, Daniela & Grande, Edgar, 2021. "Politicizing Europe in Elections to the European Parliament (1994–2019): The Crucial Role of Mainstream Parties," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 59(5), pages 1124-1141.

    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:cog:poango:v8:y:2020:i:1:p:336-347. 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.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with 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: António Vieira or IT Department (email available below). General contact details of provider: https://www.cogitatiopress.com .

    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.