The Causes and Effects of International Investment Agreements and Investment Treaty Arbitration
PhD candidate Tarald Laudal Berge investigates dynamics in the international investment treaty regime.
Tarald’s PhD project investigates the dynamics of investment treaty negotiation and investment treaty arbitration. He is particularly interested in the role that expertise and deliberation plays in both state-state negotiations and in states’ ability to defend themselves before international arbitration tribunals. His project aims to investigate a number of specific research questions:
- What is the relationship between investment treaty drafting and the risk of facing treaty-based claims for arbitration?
- What is the relationship between negotiation expertise and preference attainment in investment treaty negotiations?
- What constitutes power in interstate negotiations over economic treaties in general, and what role does deliberation play in particular?
- What explains outcomes in investment treaty arbitration?
- What influence does ‘expert’ bodies on international economic policy such as the World Bank have one the formation of domestic investment policy and law?
Tarald uses both quantitative and qualitative research methods. As such, part of his project is to participate in two large data gathering projects. The first is a database that aims to map the legal and procedural content of investment treaties, in cooperation with a group of researchers at the World Trade Institute in Bern, The Graduate Institute in Geneva, and the German Development Institute in Bonn. The second is the PluriCourts Investment Treaty Arbitration Database, mapping a wide range of factors pertaining to treaty-based cases for investment arbitration. The other is to interview investment treaty negotiators on a wide range of issues pertaining to negotiating power, deliberation and state strategies for attaining their preferences in negotiations.