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
11 - Mixing Methodologies in Empirically Investigating Investment Arbitration and Inbound Foreign Investment
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
A key response to legitimacy concerns over investment arbitration has been to point to the contribution of investment treaties to significant increases in in-bound foreign investment. The authors return to this vexed question of whether treaties offer material benefits and the large literature on the topic. Through a mixed methods approach and heightened awareness of the synergies and tensions within and between methodological approaches, they: (1) analyse econometrically the impact of ISDS provisions on inbound FDI; (2) present new qualitative research on investor and host state practices and attitudes; and (3) argue that social psychological research on cultural risk cognition is useful for both framing and presenting research questions and findings. They conclude that whatever the results that emerge from empirical research findings, the form of presentation will determine whether they will be accepted by the public or fall victim to growing polarization in perceptions and positions.
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- The Legitimacy of Investment ArbitrationEmpirical Perspectives, pp. 315 - 364Publisher: Cambridge University PressPrint publication year: 2022
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