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Investor-State Arbitration in Domestic Mining Conflicts

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  • Zoe Phillips Williams

Abstract

International investment agreements (IIAs) give conflicts between mining companies and communities a transnational dimension, allowing investors to sue a state before an IIA tribunal. While investor-state disputes related to extractive industries arise from a wide range of state actions, an important subset are triggered by domestic conflicts between anti-mining groups and foreign companies. How does arbitration affect anti-mining movements? I argue that IIAs limit the government’s responsiveness to domestic pressure, reducing the ability of domestic nonstate actors to influence policies governing the extractive industry. However, it cannot be assumed that states would support these groups even without investor pressure; IIAs only have this effect when anti-mining groups are able to change the state’s preference toward the investment.

Suggested Citation

  • Zoe Phillips Williams, 2016. "Investor-State Arbitration in Domestic Mining Conflicts," Global Environmental Politics, MIT Press, vol. 16(4), pages 32-49, November.
    • Handle: RePEc:tpr:glenvp:v:16:y:2016:i:4:p:32-49
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    References listed on IDEAS

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    1. Aisbett, Emma, 2007. "Bilateral Investment Treaties and Foreign Direct Investment: Correlation versus Causation," MPRA Paper 2255, University Library of Munich, Germany.
    2. repec:bla:devpol:v:27:y:2009:i:4:p:373-395 is not listed on IDEAS
    3. Haslam, Paul Alexander & Ary Tanimoune, Nasser, 2016. "The Determinants of Social Conflict in the Latin American Mining Sector: New Evidence with Quantitative Data," World Development, Elsevier, vol. 78(C), pages 401-419.
    4. Jennifer Tobin & Susan Rose-Ackerman, 2011. "When BITs have some bite: The political-economic environment for bilateral investment treaties," The Review of International Organizations, Springer, vol. 6(1), pages 1-32, March.
    5. Bebbington, Anthony & Humphreys Bebbington, Denise & Bury, Jeffrey & Lingan, Jeannet & Muñoz, Juan Pablo & Scurrah, Martin, 2008. "Mining and Social Movements: Struggles Over Livelihood and Rural Territorial Development in the Andes," World Development, Elsevier, vol. 36(12), pages 2888-2905, December.
    6. Elkins, Zachary & Guzman, Andrew T. & Simmons, Beth A., 2006. "Competing for Capital: The Diffusion of Bilateral Investment Treaties, 1960–2000," International Organization, Cambridge University Press, vol. 60(4), pages 811-846, October.
    7. Broad, Robin & Cavanagh, John, 2015. "Poorer Countries and the Environment: Friends or Foes?," World Development, Elsevier, vol. 72(C), pages 419-431.
    8. Allee, Todd L. & Huth, Paul K., 2006. "Legitimizing Dispute Settlement: International Legal Rulings as Domestic Political Cover," American Political Science Review, Cambridge University Press, vol. 100(2), pages 219-234, May.
    9. Christopher Hajzler, 2012. "Expropriation of foreign direct investments: sectoral patterns from 1993 to 2006," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 148(1), pages 119-149, April.
    10. Putnam, Robert D., 1988. "Diplomacy and domestic politics: the logic of two-level games," International Organization, Cambridge University Press, vol. 42(3), pages 427-460, July.
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