Three Essays on Investment Treaties and Investor-State Arbitration
Başlık:
Three Essays on Investment Treaties and Investor-State Arbitration
Yazar:
Lee, Na-Kyung, author. (orcid)0000-0002-4258-7909
ISBN:
9780355984613
Yazar Ek Girişi:
Fiziksel Tanımlama:
1 electronic resource (116 pages)
Genel Not:
Source: Dissertation Abstracts International, Volume: 79-10(E), Section: A.
Advisors: Erik Voeten Committee members: Christina Davis; Dennis Quinn.
Özet:
My dissertation project "Three Essays on Investment Treaties and Investor-State Arbitration" advances our understanding of how multinational corporations (MNCs) interact with bilateral investment treaties (BITs) at all stages: the signing of BITs, arbitration in the wake of expropriation, and responses to the decisions of arbitral tribunals. In Part I, I study MNC utilization of BIT-based investor-state dispute settlement (ISDS) provisions. While the literature has treated MNCs as global agents unconstrained by national boundaries, I show that MNC incentives continue to be shaped by the home nation's regulatory and political environment. I argue that investors from countries with strong state-business ties are less likely to experience expropriation and to use formal arbitration to resolve disputes when they invest in host states that have strong political ties with their home state. In Part II, I examine MNCs' reaction to the news of arbitration filings against the host country, with a focus on a host characteristic that has been overlooked: a country's overall foreign policy ideology. I show that host country foreign policy ideology---whether it has internalized liberal foreign policy stance---conditions how investors interpret the news of arbitration filings that are commonly perceived as a violation of BITs. In Part III, I study the interaction of domestic capital controls and investment treaties in attracting foreign investment. I find that BITs work as complements for capital inflow openness and as substitutes for capital outflow openness. BITs are most effective at attracting FDI inflows in countries with a policy of open capital inflows and closed capital outflows.
Notlar:
School code: 0076
Tüzel Kişi Ek Girişi:
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Yer Numarası | Demirbaş Numarası | Shelf Location | Lokasyon / Statüsü / İade Tarihi |
---|---|---|---|
XX(680404.1) | 680404-1001 | Proquest E-Tez Koleksiyonu | Arıyor... |
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