International Investment Law in an Isolationist World: A Human Rights Perspective

Human Rights & International Legal Discourse (HR&ILD)

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Jaar
2018
Volume
12
Nummer
2
Pagina
138
Taal
Engels
Rechtscollege
Referentie
E. GUNTRIP, “International Investment Law in an Isolationist World: A Human Rights Perspective”, HRILD 2018, nr. 2, 138-152

Samenvatting

Political events in 2016 marked a fundamental shift in the world order. The scale of the shift has precipitated claims that the world has entered a new international order characterised by isolationist policies. This article addresses the validity of these claims with regards to international investment law. The article adopts a human rights perspective to argue that isolationist State conduct in international investment law can often be justified as an exercise of the right to economic self-determination. As the right to selfdetermination has been invoked in debates regarding international investment law since the 1960s and 1970s, it is suggested that some isolationist State practice is merely the latest manifestation of ongoing policy tensions within the international investment law regime.