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As global competition for natural resources intensifies, disputes between corporations and states are increasingly resolved through private international tribunals. This book examines investor–state dispute settlement as a key arena of this scramble, asking who controls resource extraction and at what social and environmental costs.
Drawing on anthropology, sociology, history and law, the volume analyses the knowledge practices, valuation methods and governance logics shaping investment law and dispute resolution. It reframes international investment regimes as social phenomena embedded in political and economic relations, with far-reaching implications for environmental justice, resource sovereignty and the restructuring of global supply chains in the Anthropocene.
Introduction: The Moral Economies of Investment Arbitration in the Global Extractive Scramble – Matthieu Bolay, Paule Pastré and Johannes Knierzinger
Part I: Knowing Nature as Investment
1. Regulating Extraction through International Investment Law: (Colonial) Wolf in a Sheep’s Clothing? – Harshad Pathak
2. Crude Beginnings: Big Oil, International Law and the Origins of Extractive Arbitration – Filip Bastelé
3. The Repudiation of Third Worldism in the Moral Economies of Arbitration and Political Risk Insurance – Paul Robert Gilbert
Part II: Valuing Environments in Investment Disputes
4. Unveiling Local Narratives in Investment Disputes: The Case of Alamos Gold v Türkiye – Abdurrahman Erol and Bart-Jaap Verbeek
5. What Counts in and as an Investment? Valuation, Expertise and Epistemic Injustice in an Arbitration Tribunal – Matthieu Bolay
6. Negotiating Coherence in a Context of Legal Pluralism: International Investment Disputes around Industrial Mining in Proximity to the Santurbán High Mountain Moorland in Colombia – Christoph J. Kaufmann, Giovanni Vega-Barbosa and Leonardo Güiza-Suárez
Part III: Governing Nature through Arbitration
7. Ideological Effects of Investment Arbitration in National Governance – Josef Ostřanský
8. Delving into the ‘ECT Crisis’: The Re-embedding of Investment Arbitration in the Climate Change Paradigm – Paule Pastré
9. South Africa’s Way Out of ISDS: Brought about by Regulatory Chill? – Johannes Knierzinger and Sikho Luthango
Afterword – Julia Eckert