Embedding the International Investment Regime

Abstract

Amidst numerous calls for reform of international investment law, the United Nations Conference on Trade and Development (UNCTAD) has become a multilateral forum deeply involved in seeking responses to address a growing unease regarding the governance of foreign investment. Further to a focus on sustainable development policies and paths for reform of investor–state dispute settlement, UNCTAD’s efforts have culminated in a roadmap for reform. This chapter aims to explore the potential impact of this reform on the international investment regime. It argues that the reform proposed by UNCTAD reflects an unambiguous need to embed international investment law in social concerns, in line with the second part of a double movement between economic liberalism and social protection. Such a countermovement nevertheless remains weak, as the proposed reform appears to generally constitute a norm-governed change that is unlikely to shake the fundamental principles and norms underlying the international investment regime.