000179093 001__ 179093 000179093 005__ 20180122233551.0 000179093 037__ $$a1434-2016-118845 000179093 041__ $$aen_US 000179093 245__ $$aInvestment Treaty Arbitration and Developing Countries: A Re-Appraisal 000179093 260__ $$c2011-05 000179093 269__ $$a2011-05 000179093 336__ $$aWorking or Discussion Paper 000179093 490__ $$aGDAE Working Papers Series 000179093 490__ $$a11-01 000179093 520__ $$aThere is an ongoing debate about bilateral investment treaties (BITs) – and investor-state arbitration, in particular – between those who maintain that BITs encourage investment in developing countries by providing enforceable rights and protections for investors, and those who suspect that these new rights and protections have a chilling effect on regulation for public and environmental welfare and actually hinder development. For years, both ?camps? have drawn heavily upon anecdotal evidence and observations to support their view, as no systematic, comprehensive study of empirical data on investment arbitrations had been undertaken. To fill this void, legal scholar Susan Franck has evaluated the criticisms of investment arbitration based on empirical studies of published or known disputes (Franck 2009; Franck 2007). These efforts produced helpful data and initiated a productive discussion of these issues. However, the results and conclusions that can be drawn from Franck’s work are more limited and warrant more nuance than Franck and others so far have taken into account. Franck’s work is now widely used to support the notion that developing countries do not disproportionately ?lose? under the investment arbitration regime. Such a conclusion does not appear to be supported by Franck’s data. This article analyzes Franck’s work to show where differing conclusions emerge. We show that: 1) there is a lack of adequate sample composition and size to conduct rigorous empirical work from which an analyst could draw such bold lessons; 2) discounting the fact that developing countries are subject to a disproportionate number of claims is not to be overlooked, especially when looking at claims by the United States; and 3) relative to government budgets and in per capita terms developing countries pay significantly more in damages than developed nations do. 000179093 542__ $$fLicense granted by Mukhtar Amin (gdae@tufts.edu) on 2014-07-17T16:23:49Z (GMT): <center> <h2> Deposit Agreement </h2> </center> I represent that I am the creator of the digital material identified herein (“Work”). I represent that the work is original and that I either own all rights of copyright or have the right to deposit the copy in a digital archive such as AgEcon Search. I represent that in regard to any non-original material included in the Work I have secured written permission of the copyright owner (s) for this use or believe this use is allowed by law. I further represent that I have included all appropriate credits and attributions. I hereby grant the Regents of the University of Minnesota (“University”), through AgEcon Search, a non-exclusive right to access, reproduce, and distribute the Work, in whole or in part, for the purposes of security, preservation, and perpetual access. I grant the University a limited, non-exclusive right to make derivative works for the purpose of migrating the Work to other media or formats in order to preserve access to the Work. I do not transfer or intend to transfer any right of copyright or other intellectual property to the University. If the Deposit Agreement is executed by the Author�s Representative, the Representative shall separately execute the following representation: I represent that I am authorized by the Author to execute this Deposit Agreement on behalf of the Author. 000179093 650__ $$aInternational Development 000179093 6531_ $$aInvestment 000179093 6531_ $$aInternational Development 000179093 6531_ $$aBilateral Investment Treaties 000179093 700__ $$aGallagher, Kevin P. 000179093 700__ $$aShrestha, Elen 000179093 8564_ $$s399837$$uhttp://ageconsearch.umn.edu/record/179093/files/11-01TreatyArbitrationReappraisal.pdf 000179093 887__ $$ahttp://purl.umn.edu/179093 000179093 909CO $$ooai:ageconsearch.umn.edu:179093$$pGLOBAL_SET 000179093 912__ $$nSubmitted by Mukhtar Amin (gdae@tufts.edu) on 2014-07-17T16:26:35Z No. of bitstreams: 1 11-01TreatyArbitrationReappraisal.pdf: 399837 bytes, checksum: 60c57a5dfcb0c482e983a1dec783a353 (MD5) 000179093 912__ $$nMade available in DSpace on 2014-07-17T16:26:35Z (GMT). No. of bitstreams: 1 11-01TreatyArbitrationReappraisal.pdf: 399837 bytes, checksum: 60c57a5dfcb0c482e983a1dec783a353 (MD5) Previous issue date: 2011-05 000179093 982__ $$gTufts University>Global Development and Environment Institute>Working Papers 000179093 980__ $$a1434