Book contents
- Investment Law’s Alibis
- Cambridge Studies in International and Comparative Law: 168
- Investment Law’s Alibis
- Copyright page
- Dedication
- Epigraph
- Contents
- Acknowledgements
- Introduction
- 1 Colonialism of Investment Law
- 2 Imperialism of Investment Law
- 3 The Decline and Rise of Standards of Civilized Justice
- 4 The Stifling Threat of Debt
- 5 The Difficulty of Decolonizing Investment Law
- 6 Divesting for Development
- Conclusion
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law: 168
2 - Imperialism of Investment Law
Published online by Cambridge University Press: 21 July 2022
- Investment Law’s Alibis
- Cambridge Studies in International and Comparative Law: 168
- Investment Law’s Alibis
- Copyright page
- Dedication
- Epigraph
- Contents
- Acknowledgements
- Introduction
- 1 Colonialism of Investment Law
- 2 Imperialism of Investment Law
- 3 The Decline and Rise of Standards of Civilized Justice
- 4 The Stifling Threat of Debt
- 5 The Difficulty of Decolonizing Investment Law
- 6 Divesting for Development
- Conclusion
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law: 168
Summary
This chapter resurrects notions of empire, associated with colonial and neo-colonial relations of the nineteenth and twentieth centuries, with international investment law. Affinities with imperial legal forms are highlighted, drawing upon Mohammad Bedjaoui’s book-length intervention in support of the New International Economic Order. The chapter invokes the distinction between ‘formal’ and ‘informal’ empire and postulates that contemporary investment law exhibits affinities with informal empire but also reveals aspects of formal empire. The chapter highlights how contemporary legal rule constrains political capacity in the periphery as did imperial rule via formal and informal means. By interrogating investment law through the lens of empire, this chapter aims to reconnect law to politics in an age when imperial forms continue to proliferate.
- Type
- Chapter
- Information
- Investment Law's AlibisColonialism, Imperialism, Debt and Development, pp. 38 - 65Publisher: Cambridge University PressPrint publication year: 2022