A Justice-Based Regime for Foreign Investment Protection and the Counsel of the Osgoode Hall Statement

Abstract

Developments in international investment arbitration have expanded the scope of investment protection well beyond the intention of states making investment treaties, to the detriment of developing states and their peoples. These developments take place on the basis of the trickle-down theory that wealth enhancement will benefit everyone. Rather, such wealth enhancement has made the rich richer and the poor poorer. The restoration of the law based on normative values, requires the taking of measures described in the Osgoode Hall Public Statement on the International Investment Regime. This article describes the measures advocated by the Statement in their policy context. © 2012 London School of Economics and Political Science and John Wiley & Sons Ltd.