
Contents
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5.1 Introduction 5.1 Introduction
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5.2 What is Global Administrative Law? 5.2 What is Global Administrative Law?
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5.3. The OECD as an Agent of GAL 5.3. The OECD as an Agent of GAL
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5.3.1 Operational Characteristics 5.3.1 Operational Characteristics
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5.3.2 National Contact Points and Domestic Promotion 5.3.2 National Contact Points and Domestic Promotion
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5.3.3 Assessing NCP Activities 5.3.3 Assessing NCP Activities
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5.4 Bilateral Investment Treaties (BITs) as Instruments of GAL 5.4 Bilateral Investment Treaties (BITs) as Instruments of GAL
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5.4.1 The BITs Regime in Detail 5.4.1 The BITs Regime in Detail
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5.5. The Development of BITs and the Rule of International Administrative Law 5.5. The Development of BITs and the Rule of International Administrative Law
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5.6 Conclusions 5.6 Conclusions
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5 5 Global Administrative Law, the OECD, and International Investment
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Published:October 2012
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Abstract
This chapter examines the growth of international administrative law, seen as part of the process of quasi-constitutionalization. The context for this is international investment matters, the first aspect of which concentrates on a case study of the OECD’s Guidelines for Multilateral Enterprises which has resulted in the setting up of National Contact Points (NCP) in all OECD countries to ‘promote’ the Guidelines. Based upon an analysis of the NCP process, this chapter analyses this rather neglected instrument for promoting ‘corporate citizenship’. It sets these NCPs in the context of global administrative law. The second aspect concerns the international investment regime that is developing in the shadow of bilateral investment treaties (BITs). These have proliferated in the wake of the demise of the attempt by the OECD to establish a multilateral investment agreement under its auspices.
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