The Popular Legitimacy of Investor-State Dispute Settlement

Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
List of Figures
List of Tables
Abbreviations
Acknowledgments
Chapter 1 Introduction
	Why the popular legitimacy of ISDS matters
	Popular legitimacy, institutional design, and reform
	Research design
	Plan of the book
Chapter 2 A theory of popular legitimacy
	What is popular legitimacy?
	Citizens as a relevant legitimation audience
	Legitimacy beliefs
	Legitimation through reform
	Conclusion
Chapter 3 Rise and politicization of investor-state dispute settlement
	The emergence of investor-state dispute settlement
	ISDS as global governance
	The politicization of ISDS in TTIP
	Conclusion: growing demand for legitimacy
Chapter 4 Perspectives on legitimacy and reform of investor-state dispute settlement
	The defense of investment arbitration
	The criticism of investment arbitration
	The proponents of an international investment court
	Returning to domestic courts
	Conclusion: competing views
Chapter 5 How institutional design affects ISDS’ popular legitimacy
	Public opinion on foreign investment
	Institutional design
	Design of the trade and investment agreement experiment
	Results
	Conclusion: institutional design matters
Chapter 6 Losing in investment disputes
	Unfavorable decisions
	Design of the investment dispute experiment
	Results
	Conclusion: decline in legitimacy beliefs
Chapter 7 Communicating ISDS reform
	Political communication as legitimation
	Design of the political communication experiment
	Results
	Conclusion: no legitimacy boost
Chapter 8 Conclusion: The future of investor-state dispute settlement
	The ISDS legitimacy crisis revisited
	Where is the investment treaty regime heading?
	The mass public and the contestation of international cooperation
	Backlash against international courts: limited constraints on judicial authority
	Reforming global governance institutions
Appendix 1: Original text of survey experiments
Appendix 2: Mean tables for the three experiments
References
Index