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8 - International Investment Agreements and National Lawmaking (Part 2)

Multifaceted Uses of IIA Arguments in Lawmaking

from Part II - Formal and Informal Institutional Effects of Investment Treaties on National Governance

Josef Ostřanský
Affiliation:
International Institute for Sustainable Development
Facundo Pérez Aznar
Affiliation:
Geneva Center for International Dispute Settlement
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Summary

In this second chapter dealing with the IIAs’ impact on lawmaking, we analyse and categorise other identified instances in which an IIA argument was used in the lawmaking processes. Here, we discuss invocations of IIA arguments in the lawmaking that appeared in a similar shape or form across the studied countries. We also documented cases that, while politically less significant, demonstrate curious intersections between IIAs and national lawmaking. First, we centre on four specific subject-matter areas in which the IIA argument has featured. Those relate to potentially discriminatory regulations, transparency of the public administration, fundamental rights, and expropriation and nationalisation measures. Then, we close with a section highlighting a miscellany of somewhat unexpected uses of the IIA argument. We bring attention to the attempts at influencing IIA obligations through national legislation, ambiguous examples of regulatory chill, and instances of vague and complementary uses of IIA arguments in lawmaking. The chapter presents general conclusions and broader insights on the IIAs’ impact on lawmaking, especially regarding the regulatory chill and positive spill-over theses.

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National Governance and Investment Treaties
Between Constraint and Empowerment
, pp. 260 - 278
Publisher: Cambridge University Press
Print publication year: 2023

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