International Investment Law and Globalization

In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question. First, it demonstrates that the normative integration of foreign investors' responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms.

Jean-Michel Marcoux holds a PhD in Law (University of Victoria), an MA in International Studies (Institut québécois des hautes études internationales) and a BA in Public Affairs and International Relations (Université Laval). Interested in international economic law and international relations theory, he has published a dozen articles and chapters in peer-reviewed journals and collections of essays. He currently holds a position as a Postdoctoral Fellow at McGill University, Faculty of Law.

Part 1: Foreign Investors' Responsibilities and International Investment Law: A Macro - Level Analysis 1. Addressing the Lack of Accountability in International Investment Agreements 2. Foreign Investors' Responsibilities in International Investment Arbitration 3. Inherent Relations of Power and Interests Part 2: The Normative Character of International Initiatives: A Micro.Level Analysis 4. Organisation for Economic Co.operation and Development 5. International Labour Organization 6. United Nations 7. World Bank Group