Book contents
- The Legitimacy of Investment Arbitration
- Studies on International Courts and Tribunals
- The Legitimacy of Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- 1 Introduction: The Legitimacy Crisis and the Empirical Turn
- 2 The International Investment Regime and Its Discontents
- Part I Process Legitimacy
- Part II Process Legitimacy
- Part III Output Legitimacy
- 10 The West and the Rest: Geographic Diversity and the Role of Arbitrator Nationality in Investment Arbitration
- 11 Mixing Methodologies in Empirically Investigating Investment Arbitration and Inbound Foreign Investment
- 12 Double Jeopardy? The Use of Investment Arbitration in Times of Crisis
- 13 Who Has Benefited Financially from Investment Treaty Arbitration? An Evaluation of the Size and Wealth of Claimants
- 14 Explaining China’s Relative Absence from Investment Treaty Arbitration
- Part IV Legitimation Strategies
- Index
14 - Explaining China’s Relative Absence from Investment Treaty Arbitration
from Part III - Output Legitimacy
Published online by Cambridge University Press: 06 January 2022
- The Legitimacy of Investment Arbitration
- Studies on International Courts and Tribunals
- The Legitimacy of Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- 1 Introduction: The Legitimacy Crisis and the Empirical Turn
- 2 The International Investment Regime and Its Discontents
- Part I Process Legitimacy
- Part II Process Legitimacy
- Part III Output Legitimacy
- 10 The West and the Rest: Geographic Diversity and the Role of Arbitrator Nationality in Investment Arbitration
- 11 Mixing Methodologies in Empirically Investigating Investment Arbitration and Inbound Foreign Investment
- 12 Double Jeopardy? The Use of Investment Arbitration in Times of Crisis
- 13 Who Has Benefited Financially from Investment Treaty Arbitration? An Evaluation of the Size and Wealth of Claimants
- 14 Explaining China’s Relative Absence from Investment Treaty Arbitration
- Part IV Legitimation Strategies
- Index
Summary
The absence of ISDS cases against China may mean that investors are deprived of adequate and effective remedies for resolving investment disputes. Based on [type of empirical research], the authors find support for the view that the procedures offered by Chinese IIAs and legislation promote dispute resolution that is mutually satisfactory among investors and closely related public officials. However, they also find a possible trade-off in the sense that such solutions might depend on and promote corruption. Against this background, they explore how ISDS could contribute to combating corruption. [Abstract needs to be filled out and follow a logic of legitimacy critique, research method, finding/caveats – not currently clear]
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- Information
- The Legitimacy of Investment ArbitrationEmpirical Perspectives, pp. 424 - 458Publisher: Cambridge University PressPrint publication year: 2022
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