1st Edition
The Popular Legitimacy of Investor-State Dispute Settlement Contestation, Crisis, and Reform
1. Introduction
Why the popular legitimacy of ISDS matters
Popular legitimacy, institutional design, and reform
Research design
Plan of the book
2. The Theory of Popular Legitimacy
What is popular legitimacy?
Citizens as a relevant legitimation audience
Legitimacy beliefs
Legitimation through reform
Conclusion
3. Rise and Politicization of Investor-State Dispute Settlement
The emergence of Investor-State dispute settlement
ISDS as global governance
The politicization of ISDS in TTIP
Conclusion: Growing demand for legitimacy
4. Perspectives on Legitimacy and Reform of Investor-State Dispute Settlement
The defense of investment arbitration
The criticism of investment arbitration
The proponents of an international investment court
Returning to domestic courts
Conclusion: Competing views
5. How Institutional Design Affects ISDS’ Popular Legitimacy
Public opinion on foreign investment
Institutional design
Design of the trade and investment agreement experiment
Results
Conclusion: Institutional design matters
6. Losing in Investment Disputes
Unfavorable decisions
Design of the investment dispute experiment
Results
Conclusion: Decline in legitimacy beliefs
7. Communicating ISDS Reform
Political communication as legitimation
Design of the political communication experiment
Results
Conclusion: No legitimacy boost
8. Conclusion: The Future of Investor-State Dispute Settlement
The ISDS legitimacy crisis revisited
Where is the investment treaty regime heading?
The mass public and the contestation of international cooperation
Backlash against international courts: Limited constraints on judicial authority
Reforming global governance institutions
Biography
Marius Dotzauer is a Postdoctoral Research Fellow at the Institute of Political Science at the University of Münster, Germany. His research focuses on global governance and the global economy, specifically the politics and law of trade and investment.
