TY  - JOUR
A1  - Banai, Ayelet
T1  - Is investor-state arbitration unfair? A freedom-based perspective
T2  - Global justice : theory, practice, rhetoric
N2  - nvestor-state-dispute-settlement (ISDS) is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to the power they grant to foreign investors in matters of public policies in the countries they invest in. This article examines the practice of ISDS through the lenses of liberal-statist theories of international justice, which value self-determination. It argues that the investor-state arbitration system illustrates how liberal-statist theories of international distributive justice ought to care about relative socioeconomic disadvantage, contra the sufficiency principle that they typically defend. The sufficiency principle draws on a questionable conception of the freedom that self-determination consists in.
KW  - investor-state arbitration
KW  - self-determination
KW  - international distributive justice
KW  - negative freedom
KW  - opportunity freedom
KW  - value of liberty
KW  - ISDS
Y1  - 2017
UR  - http://publikationen.ub.uni-frankfurt.de/frontdoor/index/index/docId/45189
UR  - https://nbn-resolving.org/urn:nbn:de:hebis:30:3-451891
SN  - 1835-6842
VL  - 10
IS  - 1
SP  - 57
EP  - 78
PB  - The Global Justice Network
CY  - [S.l]
ER  -