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The Columbia Center on Sustainable Investment (CCSI) and the Columbia International Arbitration Association (CIAA) welcome N. Jansen Calamita for a talk on his new book (with Ayelet Berman), Investment Treaties and the Rule of Law Promise: The Internalisation of International Commitments in Asia (CUP 2022). Professor Calamita will present the main issues discussed in his book; Kabir Duggal will then lead an interview/discussion, followed by a Q&A with guests. Lunch will be provided.
Investment treaties are said to improve the rule of law in the states which enter into them. Fearing claims, governments will internalise international investment obligations into their decision-making processes, resulting in positive spill-over effects on the rule of law. Such claims, however, have never been backed by empirical research. In Investment Treaties and the Rule of Law Promise, N. Jansen Calamita and Ayelet Berman unpack (and debunk) the assertion that investment treaties improve the rule of law through an empirical study of the internalisation of investment treaties in eight Asian states. In so doing, they establish a new framework and typology for identifying institutional processes of internalisation that is applicable beyond simply investment treaties. Moreover, based upon the book’s case studies, they provide insights into the factors that influence whether states do or do not internalise international obligations in their decision making. Ultimately, Calamita and Berman’s findings debunk assertions about the positive rule of law effect of investment treaties. At the same time, however, their findings of limited evidence of the internalisation of investment treaty obligations in government decision making also raises difficult questions for those who suggest that investment treaties lead to systemic regulatory chill.
Visit CCSI's website for more information.
