Book contents
- National Governance and Investment Treaties
- Cambridge Studies in International and Comparative Law
- Reviews
- National Governance and Investment Treaties
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Abbreviations
- 1 National Governance and Investment Treaties
- 2 Situating the Engagements with the Investment Treaty Regime in Argentina, the Czech Republic, India, and Mexico
- Part I Discursive and Ideological Effects of Investment Treaties on National Governance
- Part II Formal and Informal Institutional Effects of Investment Treaties on National Governance
- 5 The State’s Institutional Rearrangements and International Investment Agreements
- 6 Defending the State in ISDS and Preventing Disputes
- 7 International Investment Agreements and National Lawmaking (Part 1)
- 8 International Investment Agreements and National Lawmaking (Part 2)
- Conclusion
- Index
6 - Defending the State in ISDS and Preventing Disputes
from Part II - Formal and Informal Institutional Effects of Investment Treaties on National Governance
- National Governance and Investment Treaties
- Cambridge Studies in International and Comparative Law
- Reviews
- National Governance and Investment Treaties
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Abbreviations
- 1 National Governance and Investment Treaties
- 2 Situating the Engagements with the Investment Treaty Regime in Argentina, the Czech Republic, India, and Mexico
- Part I Discursive and Ideological Effects of Investment Treaties on National Governance
- Part II Formal and Informal Institutional Effects of Investment Treaties on National Governance
- 5 The State’s Institutional Rearrangements and International Investment Agreements
- 6 Defending the State in ISDS and Preventing Disputes
- 7 International Investment Agreements and National Lawmaking (Part 1)
- 8 International Investment Agreements and National Lawmaking (Part 2)
- Conclusion
- Index
Summary
This chapter analyses the policies and practices related to resolving investor–state disputes through ISDS. In this area, three broad themes emerged from our data. First, there are practices of forming the defence strategy for specific investment arbitrations and handling ISDS proceedings. The main issue is whether to engage lawyers from private practice and, if so, to what extent. Second, we discuss the matter of coordination and communication between various governance actors during ISDS proceedings. The third issue is that of dispute prevention. Given the stakes, risks, and challenges resulting from ISDS disputes, many governance actors dealing with IIAs realise that dispute prevention is crucial in internalising the IIA disciplines. This section focuses on various training and educative programmes for bureaucrats that were designed, proposed, or implemented to increase the knowledge about and awareness of IIAs within the broad sphere of national governance. We end with a discussion on the blurring of the public–private divide through the engagement of private expertise in the service of the public when defending ISDS cases.
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- National Governance and Investment TreatiesBetween Constraint and Empowerment, pp. 186 - 226Publisher: Cambridge University PressPrint publication year: 2023