Recapturing Public Power: Is Investment Arbitration’s Engagement of the Public Interest Contributing to the Democratic Deficit?
By Bernali Choudhury, February 8, 2012
This post has been viewed 1,804 times.
This article argues that international investment treaties that contain arbitration clauses have given arbitrators an expanded role in making public interest decisions. This article addresses concerns with investment arbitration’s curtailment of democratic expression through its ability to counter a state’s sovereign decision-making authority. The author argues that the lack of public participation limits the efficacy of these public interest decisions and suggests ways to increase public participation.
