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Alvarez on Opinio Juris

NYU Law Pro­fes­sor Jose Enrique Alvarez will be guest blog­ging this week over at Opinio Juris.  He uses his first post to out­line the broad chal­lenges fac­ing the inter­na­tion­al invest­ment regime.  From the post:

When two of the lead­ing cap­i­tal exporters of the world – the Unit­ed States and Chi­na – are also two of the lead­ing cap­i­tal importers, those coun­tries’ respec­tive invest­ment pro­tec­tion treaties can be expect­ed to cut both ways. Coun­tries like these, which also include cap­i­tal exporters/importers like India and Rus­sia, have to wor­ry both about pro­tect­ing their for­eign investors abroad as well as being sued by for­eign investors that they host. There­in lies the regime’s cur­rent dilem­ma: investor-state arbi­tra­tions have become so pop­u­lar – and vis­i­ble, includ­ing in coun­tries with hyper­ac­tive civ­il soci­eties – that they have dis­placed the WTO as the focal point of com­pet­ing con­tentions over the mer­its of eco­nom­ic glob­al­iza­tion.

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