New Generation of Investment Treaties: Analysis of Dominance
New Generation of Investment Treaties: Analysis of Dominance

Summary/Abstract: This article focuses on investment treaty negotiation. Since UCTAD (United Nations Conference on Trade and Development) introduced its IIA Reform in 2012, an increased focus has been placed on finding a balance between investment protection and safeguarding host state’s sovereign regulatory powers. This article examines how have these changes affected investment treaty negotiations with the focus on the dynamics between large capital exporting economies and relatively smaller capital importing countries. While there are several studies that use quantitative approaches to investment treaties, this is the first study that uses the concept of dominance to analyse investment treaties. The article answers two research questions: 1. Which capital exporting countries negotiate treaties with relatively the strongest investment protection? 2. Which capital exporting countries negotiate treaties with relatively the weakest investment protection? The article employs a mathematical analysis of dominance for a sample of 122 new generation investment treaties to answer these research questions. The analysis shows significant differences in countries’ approaches to investment treaty negotiation. Türkiye and Japan are the most successful capital exporting countries in terms of signing treaties with strong investment protection. On the other hand, Brazil is a country that seeks to sign treaties with strong protection of regulatory autonomy of the host state regardless of capital relations between negotiating parties.

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