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Navigating the Expanding Universe of International Treaties on Foreign InvestmentCreation and Use of a Critical Index

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  • Julien Chaisse
  • Christian Bellak

Abstract

There have been many successful attempts to analyse most of the rules and principles that make up the substance of the international law of foreign investment. There is, however, a lack of a general theory, or, at least, a tool which would allow us to analyse, compare, and make sense of this expanding patchwork of international rules on foreign investment. This article precisely aims at explaining how a combination of legal and economic perspectives can help to break new ground and allow both economists and lawyers to further grasp and analyse the complexity of the current regulatory framework. We created an index, called ‘BITSel Index’, which can help to link case studies to broader analysis and, conversely, more general theories with specific cases; this will help to conduct broader investigation among the large numbers of treaties and link general analysis to specific provisions or practices. Such an effort is not only an intellectual challenge but it also has practical and policy-oriented ramifications, especially in the light of the recurring debate on the effect of investment treaties on Foreign Direct Investment (FDI) flows.

Suggested Citation

  • Julien Chaisse & Christian Bellak, 2015. "Navigating the Expanding Universe of International Treaties on Foreign InvestmentCreation and Use of a Critical Index," Journal of International Economic Law, Oxford University Press, vol. 18(1), pages 79-115.
    • Handle: RePEc:oup:jieclw:v:18:y:2015:i:1:p:79-115.
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    File URL: http://hdl.handle.net/10.1093/jiel/jgv008
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    Cited by:

    1. Hong, Seiwoong & Lee, Junyong & Oh, Frederick Dongchuhl & Shin, Donglim, 2023. "Religion and foreign direct investment," International Business Review, Elsevier, vol. 32(1).
    2. Stephen R. Buzdugan, . "The global governance of FDI and the non-market strategies of TNCs: explaining the “backlash” against bilateral investment treaties," UNCTAD Transnational Corporations Journal, United Nations Conference on Trade and Development.
    3. Gopalan, Sasidaran & Park, Cyn-Young & Rajan, Ramkishen S., 2023. "Do International Investment Agreements attract Foreign Direct Investment inflows? Revisiting the literature," Economic Analysis and Policy, Elsevier, vol. 80(C), pages 471-481.
    4. Sunil Kanwar & Stefan Sperlich, 2023. "Direct foreign investment and intellectual property reform in the South," Journal of International Development, John Wiley & Sons, Ltd., vol. 35(6), pages 1456-1477, August.
    5. Asian Development Bank Institute, 2017. "Asian Economic Integration Report 2016," Working Papers id:11730, eSocialSciences.
    6. Peter Egger & Alain Pirotte & Catharine Titi, 2023. "International investment agreements and foreign direct investment: A survey," The World Economy, Wiley Blackwell, vol. 46(6), pages 1524-1565, June.
    7. Li, Shi & Urata, Shujiro & Zhao, Long, 2024. "Does the quality of bilateral investment treaties matter for outward foreign direct investment?," International Review of Economics & Finance, Elsevier, vol. 91(C), pages 207-218.
    8. Quoc Hoi Le & Quynh Anh Do & Hong Chuong Pham & Thanh Duong Nguyen, 2021. "The Impact of Foreign Direct Investment on Income Inequality in Vietnam," Economies, MDPI, vol. 9(1), pages 1-15, March.

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