The Oxford Handbook of Transnational Law
Contents
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I. Introduction I. Introduction
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II. Sovereignty and the Investor-State Regime II. Sovereignty and the Investor-State Regime
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A. The Theoretical and Legal Construction of the Sovereign A. The Theoretical and Legal Construction of the Sovereign
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B. Investor-State Regime B. Investor-State Regime
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III. Resistance and Law III. Resistance and Law
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A. Resistance against Law A. Resistance against Law
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B. Resistance through the Means of Law B. Resistance through the Means of Law
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C. Resistance through Redefinition C. Resistance through Redefinition
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IV. Conclusion IV. Conclusion
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42 Climate Change Governance, International Relations, and Politics: A Transnational Law Perspective
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36 Reclaiming Sovereignty: Resistance to Transnational Authority and the Investor-State Regime
Get accessDr. A. Claire Cutler is a Professor of International Law and Relations in the Political Science Department at the University of Victoria, Victoria, British Columbia, Canada. She is a graduate of UBC (BA; PhD), the LSE (MSc), and McGill (LLB). She specializes in the intersection of international law and international politics and is interested in developing a critical political economy of international law. She is currently working on a manuscript entitled A Critique of Global Capitalism: The Climate Under Fire (forthcoming with Cambridge University Press) that explores the intersection of transnational legality and climate politics. Her publications include The Politics of Private Transnational Governance by Contract, edited with Thomas Dietz (Routledge, 2017); New Constitutionalism and World Order, edited with Stephen Gill (Cambridge University Press, 2014); Private Authority and International Affairs, edited with Virginia Haufler and Tony Porter (State University of New York Press, 1999); and Private Power and Global Authority: Transnational Merchant Law in the Global Political Economy (Cambridge University Press, 2003).
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Published:14 April 2021
Cite
Abstract
This chapter focuses upon the contesting social forces seeking to reclaim national control over processes of investor-protection. The investor-state regime constitutes a form of transnational authority that is reconfiguring state sovereignty in the world and creating a new constitutionalism by delocalizing and denationalizing the regulation of foreign direct investment. Indeed, this regime plays an integral role in the operation of contemporary capitalism by disrupting conventional understandings and practices of sovereignty, but this is obscured by the theories underpinning these conventions. Adopting a critical political economy approach, the analysis places politics at the center of analysis by questioning “who gets what” from transnational law. It challenges conventional approaches to transnational law for obscuring the powerful corporate forces that are driving the regime and eroding democracy by facilitating the loss of national sovereignty. However, growing resistance to the regime suggests the emergence of a new form of sovereignty: transnational sovereignty.
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