SELF-DETERMINATION AND FOREIGN DIRECT INVESTMENT: REIMAGINING SOVEREIGNTY IN INTERNATIONAL INVESTMENT LAW

In: The international & comparative law quarterly: ICLQ, Band 65, Heft 4, S. 829-857

Abstract

AbstractInternational investment law can be criticized for its understanding of sovereignty. Informed by the works of Koskenniemi, this article reimagines 'sovereignty' based on a host State population exercising its right to economic self-determination. Recent transparency initiatives in international investment law support this conceptualization of sovereignty. Further, the stance taken aligns with the continuous evolution of the international investment law regime. The establishment of a different perspective on sovereignty in international investment law highlights the need for an alternative understanding of this term if international investment law is to achieve widespread approval.