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Treaty influencers: a computational analysis of the development of international investment law
In: Journal of international economic law, Band 26, Heft 3, S. 500-524
ISSN: 1464-3758
ABSTRACT
This article uses computational methods to analyse the development of the international investment law regime, seeking to understand how, when, and by whom change in treaty language occurs. The study uses a novel computational method to explore the influence of different states on the language of international investment treaties and the spread of language patterns. The analysis reveals a hegemony of Western European, rather than North American influence, and further highlights a clear early mover advantage for obtaining language spread. The article discusses the implications of these findings for the investment treaty system, particularly the limited impact of hard negotiating power compared to early entrance and convincing legal language.
The Computational Turn in International Law
In: Nordic journal of international law, Band 93, Heft 1, S. 38-67
ISSN: 1571-8107
Abstract
The recent computational turn carries the potential to both enrich and destabilise international law research. Epistemologically, it offers a repertoire of data science methods, including network analysis, text processing and analysis, machine learning, and large language and agent-based models. Ontologically, with its inductive and macroscopic logic, it can inflect and challenge our established understandings of the nature and role of international law. In this article, we review the growing use of computational approaches in international law research, with a focus on their methodological particularity and potential contributions to doctrinal and non-doctrinal research questions. At the same time, we discuss the limitations of the computational turn, especially issues of suitability, quality, and feasibility.
The Revolving Door in International Investment Arbitration
In: Journal of International Economic Law, Band 2017, Heft 0
SSRN
The Revolving Door in International Investment Arbitration
In: Journal of international economic law, Band 20, Heft 2, S. 301-332
ISSN: 1464-3758
Abstract
It is often claimed that international investment arbitration is marked by a revolving door: individuals act sequentially and even simultaneously as arbitrator, legal counsel, expert witness, or tribunal secretary. If this claim is correct, it has implications for our understanding of which individuals possess power and influence within this community; and ethical debates over conflicts of interests and transparency concerning 'double hatting'—when individuals simultaneously perform different roles across cases. In this article, we offer the first comprehensive empirical analysis of the individuals that make up the entire investment arbitration community. Drawing on our database of 1039 investment arbitration cases (including ICSID annulments) and the relationships between the 3910 known individuals that form this community, we offer the first use of social network analysis to describe the full investment arbitration community and address key sociological and normative questions in the literature. Our results partly contradict recent empirical scholarship as we identify a different configuration of central 'power brokers'. Moreover, the normative concerns with double hatting are partly substantiated. A select but significant group of individuals score highly and continually on our double hatting index.
Glass Ceilings and Arbitral Dealings: Explaining the Gender Gap in International Investment Arbitration
In: PluriCourts Research Paper
SSRN
Compliance politics and international investment disputes: a new dataset
In: Journal of international economic law, Band 27, Heft 1, S. 70-92
ISSN: 1464-3758
Abstract
The ability to ensure compliance with investor-state arbitral awards is often regarded as one of the strengths of the international investment regime. Yet, there have been few systematic studies of compliance to assess the extent to which states have actually complied with adverse investor-state compensation awards. This paper presents a new dataset that enables empirical research on compliance with these decisions; it is the first publicly available dataset to focus on what happens after awards are handed down, and in this way complements other databases on international investment law. This paper explains the data collection process (and its associated challenges), discusses the design choices made in selecting inputs and variables, presents a descriptive overview of the data, and examines how variables can be used in future research. Moreover, various cases are used as illustrations of the challenges of collecting and coding data on post-award processes and we explore what missing data can tell us about compliance dynamics.
Compliance Politics and International Investment Disputes: A New Dataset
In: Forthcoming in the Journal of International Economic Law
SSRN