This book will be of value to students and researchers in the fields of international law, international investment law, international relations, and political science. It will also be of particular interest to students and researchers interested in Asia because it examines the impact of international treaties on governance in Asia.
Investment treaties are said to improve the rule of law in the states which enter into them. Fearing claims, governments will internalise international investment obligations into their decision-making processes, resulting in positive spill-over effects on the rule of law. Such arguments have never been backed by empirical research. This book presents an analytical framework for thinking about the internalisation of international commitments in governmental decision making that takes account of the complexities of governance. In so doing, it provides a typology of processes whereby international treaty obligations may be internalised by governments and identifies factors which may affect whether and to what extent international commitments are internalised in governmental decision making. This framework serves as the background for the main body of the book in which empirical case studies address whether and how a select group of governments in Asia internalise international investment treaty obligations in their decision-making.
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Investment treaties promise to advance the rule of law in the countries which sign them. In reality, this is not the case.
1. The internalisation of investment treaties and the rule of law
promise N. Jansen Calamita and Ayelet Berman;
2. Investment treaties and the
rule of law in India Prabhash Ranjan;
3. Investment treaties and the rule of
law in Indonesia John Lumbantobing;
4. Investment treaties and the rule of
law in Korea Younsik Kim;
5. The impact of investment treaties on the rule of
law in Myanmar Jonathan Bonnitcha;
6. Investment treaties and the rule of law
in Singapore Dafina Atanasova;
7. Investment treaties and the rule of law:
the case of Sri Lanka Sachintha Dias;
8. Investment treaties and the rule of
law in Thailand Teerawat Wongkaew;
9. Investment treaties and the rule of law
in Viet Nam Tran Viet Dung;
10. Assessing the rule of law promise: The impact
of investment treaties on national governance N. Jansen Calamita and Ayelet
Berman.
Jansen Calamita has published widely in leading international law journals. Prior to entering academia, he served in the Office of the Legal Adviser in the US Department of State and in the UNCITRAL Secretariat. He continues to work with governments on the interface of investment treaties and governance. He is a member of the editorial board of the Yearbook of International Law and Policy. Ayelet Berman's work has been published in peer reviewed journals such as the European Journal of International Law and the International Journal of Constitutional Law. Her co-edited book Rethinking Participation in Global Governance (2022) has recently been published. She's the Co-Chair of the American Society of International Law International Organizations Interest Group. Prior to entering academia she practiced law, including international trade law at Sidley Austin LLP.
