The Backlash Against Investment Arbitration

Overview of "The Backlash Against Investment Arbitration"

Title and Publication Details:

• Title: "The Backlash Against Investment Arbitration: Perceptions and Reality"
• Editors: Michael Waibel, among others
• Publication Date: 2010
• Publisher: Wolters Kluwer Law & Business, Kluwer Law International, and Aspen Publishers
• ISBN: 9789041132024

Key Themes:

1. Critique of Investment Arbitration:

   • The book explores the growing concerns and criticisms against the current international investment regime, particularly focusing on investment arbitration.
   • It delves into the perceived shortcomings of the system, including issues related to legitimacy, functionality, and fairness.

2. Legitimacy and Functionality:

   • Contributors discuss the need to enhance the legitimacy and functionality of investment arbitration to ensure its long-term future.
   • This includes addressing criticisms and making necessary adjustments to improve the system.

3. Diverse Perspectives:

   • The book features contributions from a diverse set of experts, including academics, practitioners, government officials, and representatives of civil society.
   • This diversity provides a comprehensive analysis of the current state and future direction of the international investment regime.

4. Improvement Solutions:

   • The book offers insights into possible ways to improve the system, reflecting on both the current challenges and potential solutions.
   • It aims to provide a well-calibrated response to the challenges facing investment arbitration.

Plot Summary:

The book is the result of a conference organized by the editors at Harvard Law School in April 2008. It aims to uncover the drivers behind the backlash against the current international investment regime. Thirty-one contributors analyze both the current state and future direction of the international investment regime, offering valuable insights into possible ways of improving the system.

Critical Reception:

While specific reviews are not provided in the sources, the book's comprehensive approach and diverse perspectives suggest it has been well-received by scholars and practitioners in the field. The book's focus on addressing criticisms and enhancing legitimacy and functionality likely resonates with those seeking to improve the international investment regime.

Additional Context:

• Conference Background: The book grew out of a conference held at Harvard Law School, indicating a significant effort to gather expert opinions on the topic.
• Systemic Scrutiny: The book acknowledges that the current system of investment arbitration is under intensive scrutiny, reflecting a broader trend of questioning its effectiveness and fairness.

In summary, "The Backlash Against Investment Arbitration" provides a detailed examination of the concerns driving the backlash against the present international investment regime. It offers a comprehensive analysis through diverse perspectives and proposes solutions to enhance the legitimacy and functionality of investment arbitration, ensuring its long-term future.