During the last decade several newer bilateral investment treaties (BITs), and their base model agreements, have introduced clauses that provide additional protections of the state's right to regulate in matters relating to human rights, environmental protections and policies of development.
This project aims to introduce a computational approach to studying the actors responses to development, environment and human rights provisions in the international investment regime.
The projects objectives are threefold; first, I will through a mapping of the permutation, development and changes of the clauses throughout the full corpus of BITs and describe how the clauses develop temporally. Second, the project will analyse how the actors in the ISDS community utilises these clauses in real cases. Third, the project will test how these clauses affect the outcome of the cases.
Extending on the primary aims, I will pursue two auxiliary aims. First, utilising the data observed throughout the project, I will propose a model of arbitral decision making. Second, I will describe a general model of utilising computational methods for a general study of investor-state dispute settlement (ISDS).
The project is a part of the research project Responses to the 'legitimacy crisis' of international investment law (LEGINVEST) in which the primary aim is to determine the relative importance of investment treaty arbitration (ITA) for the design of international investment agreements (IIAs) and the relative importance of (re)design of IIAs for ITA.