Investment Treaties and the Rule of Law Promise: An Examination of the Internalisation of International...

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N. Jansen Calamita Ayelet Berman

Investment Treaties and the Rule of Law Promise

An Examination of the Internalisation of International Commitments in Asia

N. Jansen Calamita, Ayelet Berman

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English

Cambridge University Press
24 April 2025

Politics & government; Law; Comparative law; International economic & trade law

Investment treaties are said to improve the rule of law in the states which enter into them. Fearing claims, governments will internalise international investment obligations into their decision-making processes, resulting in positive spill-over effects on the rule of law. Such arguments have never been backed by empirical research. This book presents an analytical framework for thinking about the internalisation of international commitments in governmental decision making that takes account of the complexities of governance. In so doing, it provides a typology of processes whereby international treaty obligations may be internalised by governments and identifies factors which may affect whether and to what extent international commitments are internalised in governmental decision making. This framework serves as the background for the main body of the book in which empirical case studies address whether and how a select group of governments in Asia internalise international investment treaty obligations in their decision-making.

Edited by: N. Jansen Calamita, Ayelet Berman
Imprint: Cambridge University Press
Country of Publication: United Kingdom
ISBN: 9781009153003
ISBN 10: 1009153005
Pages: 376
Publication Date: 24 April 2025
Audience: General/trade , ELT Advanced
Format: Paperback
Publisher's Status: Active

Jansen Calamita has published widely in leading international law journals. Prior to entering academia, he served in the Office of the Legal Adviser in the US Department of State and in the UNCITRAL Secretariat. He continues to work with governments on the interface of investment treaties and governance. He is a member of the editorial board of the Yearbook of International Law and Policy. Ayelet Berman's work has been published in peer reviewed journals such as the European Journal of International Law and the International Journal of Constitutional Law. Her co-edited book Rethinking Participation in Global Governance (2022) has recently been published. She's the Co-Chair of the American Society of International Law International Organizations Interest Group. Prior to entering academia she practiced law, including international trade law at Sidley Austin LLP.