IIAs as Discipline and Pedagogy
from Part I - Discursive and Ideological Effects of Investment Treaties on National Governance
This chapter focuses on how different governance actors stress the constraining function of IIAs to achieve various goals and how they justify their actions. This chapter looks at how the IIA narratives have been used in reshaping national governance. This was chiefly through the narrative of IIAs as a disciplining and constraining force. We have identified that the general disciplining narrative about IIAs has three variants with different normative bents. These sub-types express how the governance actors evaluate the constraining potential of IIAs. On the one end of the spectrum, this disciplining effect may be viewed as flatly undesirable; on the other end, the constraint is viewed through a largely positive lens as a cultivating and educating force. Somewhat between sits the view of IIAs as simply something one must learn to live and deal with. Generally, the disciplining narratives about IIAs view IIAs as an incarnation of legal rationality superior to other rationalities, such as political or democratic rationality. Other considerations, even those pertaining to national constitutional arrangements, were cast in an inferior position and viewed as obstacles to a smooth implementation of IIAs.
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