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Introduction

Investment Law among the Ruins

Published online by Cambridge University Press:  21 July 2022

David Schneiderman
Affiliation:
University of Toronto
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Summary

This book interrogates justifications, techniques and legal forms that arose in the past and continue to resonate in the international regime to protect foreign investment. What is striking is how past practices resemble suppositions relied upon at present by investment law’s norm entrepreneurs. This matrix of practices is characterized as ‘alibis’ in so far as they provide cover for a set of international investment law rules and institutions that are increasingly difficult to defend. The method employed conjoins discursive practices with understandings about power, expressed in legal-institutional and processual forms. It is analogous to what Foucault describes as ‘archaeology’ which, when partnered with ‘genealogy,’ produces something akin to dispositif: an ensemble of discourse, institutions, legislation and ‘authoritative phenomena’, incorporating ‘the said as much as the unsaid’. By uncovering investment law’s normative ends, and connecting them to this indefensible past, the book reveals how investment law aims to dampen the political aspirations of states and citizens of the Global South. The object of the book is to imagine new ways forward that are less ruinous to those left outside of investment law’s solicitude.

Type
Chapter
Information
Investment Law's Alibis
Colonialism, Imperialism, Debt and Development
, pp. 1 - 15
Publisher: Cambridge University Press
Print publication year: 2022

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  • Introduction
  • David Schneiderman, University of Toronto
  • Book: Investment Law's Alibis
  • Online publication: 21 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781009153515.001
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Save book to Dropbox

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  • Introduction
  • David Schneiderman, University of Toronto
  • Book: Investment Law's Alibis
  • Online publication: 21 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781009153515.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • David Schneiderman, University of Toronto
  • Book: Investment Law's Alibis
  • Online publication: 21 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781009153515.001
Available formats
×