Complex Designers and Emergent Design: Reforming the Investment Treaty System

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In Imperfect Alternatives: Institutional Choice and the Reform of Investment Law, Sergio Puig and Gregory Shaffer introduce comparative institutional analysis to evaluate alternative processes for resolving investment disputes.1The impetusfor this article is clear: many states view investor-state arbitration as akin to a horse that has bolted from the barn. Wishing to close the stable door, a wide range of states are considering the merits of various reform proposals. Puig and Shaffer’s comprehensive and balanced framework for assessing the tradeoffs involved in making different choices is thus a welcome and timely intervention in these (often highly polarized) debates.
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American Journal of International Law , Volume 112 , Issue 3 , July 2018 , pp. 410 - 432 DOI: https://doi.org/10.1017/ajil.2018.69