The Popular Legitimacy of Investor-State Dispute Settlement: Contestation, Crisis, and Reform

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Marius Dotzauer (University of Münster, Germany)

The Popular Legitimacy of Investor-State Dispute Settlement

Contestation, Crisis, and Reform

Marius Dotzauer (University of Münster, Germany)

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English

Routledge
18 December 2024

Globalization; International relations; International trade; Political economy; International law

Series: Global Governance

This book offers theoretical arguments and original empirical data on the legitimacy of the investor-state dispute settlement system in the eyes of the general public.

The legitimacy of the investor-state dispute settlement (ISDS) system has become a major issue in recent negotiations on new trade and investment agreements, such as the Transatlantic Trade and Investment Partnership (TTIP), the Comprehensive Economic and Trade Agreement (CETA), and the Trans-Pacific Partnership Agreement (TPP). This book considers the remarkable rise of investor-state arbitration, its politicization and the corresponding legitimacy crisis that has induced a political process of ISDS reform. The book applies theoretical arguments about legitimacy perceptions among the mass public and tests these arguments in survey experiments in Germany, France, and the US to answer the question of whether ISDS reform can be successful. By showing that large parts of the population hold negative perceptions about the current system of private arbitration and believe that an international investment court and domestic courts are more legitimate dispute resolution systems, the book extends the debate on the legitimacy of the ISDS mechanism, which has so far been dominated by conflicting normative claims of supporters and critics. With regard to the academic debate about legitimacy in global governance, the author underlines that the legitimacy perceptions of ordinary citizens must be taken seriously to ensure the sustainability of global governance and international law in the long term.

This book will be of interest to academics working in international relations, international political economy, international law, transnational law, authority, politicization, and legitimacy of global governance. It will also be of great use to practitioners in the field of international investment law, including lawyers, and government officials working in international dispute settlement.

By: Marius Dotzauer (University of Münster Germany)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781032500058
ISBN 10: 1032500050
Series: Global Governance
Pages: 166
Publication Date: 18 December 2024
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Forthcoming

Marius Dotzauer is a Postdoctoral Research Fellow at the Institute of Political Science at the University of Münster, Germany. His research focuses on global governance and the global economy, specifically the politics and law of trade and investment.