Aaron James (UC Irvine): Investor Rights as Nonsense (on Stilts)
Investor treaties increasingly recognize a right to be compensated for “indirect expropriation.” This essay argues that certain ideas of foreign “investor rights” exhibit a certain confusion about the very nature of an investment, and the social relations of international trade that give risk-taking its social purpose. The argument develops both utilitarian and social contract theory positions, and challenges appeals to investor natural rights, especially natural promissory rights.
Location
Coombs Seminar Room A