Description
Book SynopsisThis book argues that International Investment Law system – IIL - was the result of a colonial project within a capitalist system that has been influenced by the developmentalism discourse and the neoliberal ideology, becoming an instrument that facilitated forms of systemic violence against Third World countries. In order to develop this argument, Enrique Prieto-Rios uses post-war critical thought, chiefly Fanon as interpreted by Lewis R Gordon, the works pursued by academics, part of the Caribbean Philosophical Association, the Institute for Global Law and Policy, the international law from below (southern perspectives), and critical economic thought— particularly the notable economic contributions of Ha-Joon Chang and Latin-American philosopher Enrique Dussel.
Trade ReviewBy placing systemic violence at the center of the evolution of investment protection, Prieto-Ríos shows how the investor-state dispute settlement system creates a complex legal, institutional and ideological apparatus that foments exclusion, and facilitates social and political control. This a passionate, rigorous, and timely indictment of international investment law, that exposes the limits of a reformist agenda emerging from within the investment regime.
-- Rene Urueña, associate professor of law, Universidad de los Andes
Enrique Prieto-Ríos’ latest contribution is a thought-provoking book that challenges the global understanding of international investment law, by framing it under the prism of systemic violence and addressing its role in the perpetual domination of the developing world through international economic structures. At a time when the global status quo is under thorough examination, this work is a welcome reflection on the lingering challenges for international economic law in a society that aims to move in the direction of sustainable development and equality for all.
-- Humberto Cantú Rivera, professor of law, University of Monterrey
This book convincingly contests the dominant narrative on the system of International Investment Law, and proposes a radical alternative interpretation: that this system is an instrument of systemic violence. Combining a deep understanding of the relevant positive law with a striking grasp of critical literature, this book offers an extremely relevant critique of one of the main tools of neoliberalism.
-- Rémi Bachand, professor of international law, University of Quebec
Table of ContentsIntroduction
Chapter 1: Systemic Violence and International Investment Law
Chapter 2: Fault-Lines: In-between Moving Abroad and Attracting Foreign Direct Investment
Chapter 3: The Riddle of Treaties and Awards
Chapter 4: The Encrypted Discourse of International Investment Law: Hierarchy, Knowledge and Power
Chapter 5: Neoliberal ideology: A Tale of Persistence and Hegemony
Chapter 6: IIL an Autopoietic System
Conclusion
