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1 results

  • 2 - Imperialism of Investment Law

  • David Schneiderman, University of Toronto
  • Book:
    Investment Law's Alibis
    Published online:
    21 July 2022
    Print publication:
    04 August 2022, pp 38-65

  • Summary

    This chapter resurrects notions of empire, associated with colonial and neo-colonial relations of the nineteenth and twentieth centuries, with international investment law. Affinities with imperial legal forms are highlighted, drawing upon Mohammad Bedjaoui’s book-length intervention in support of the New International Economic Order. The chapter invokes the distinction between ‘formal’ and ‘informal’ empire and postulates that contemporary investment law exhibits affinities with informal empire but also reveals aspects of formal empire. The chapter highlights how contemporary legal rule constrains political capacity in the periphery as did imperial rule via formal and informal means. By interrogating investment law through the lens of empire, this chapter aims to reconnect law to politics in an age when imperial forms continue to proliferate.