Author: Schneiderman David

Source: Citizenship Studies, Volume 8, Number 4, December 2004 , pp. 419-436(18)

Publisher: Routledge, part of the Taylor & Francis Group

Abstract:

This article examines the impacts, on citizenship rights, democratic practice and public policy, of the constitution-like regimes for the protection of investor rights embedded within contemporary international investment treaties. It argues that a central objective of these investment treaties is to remove specific governmental functions from the stock of policy instruments available to national governments and to democratic polities. Drawing upon Habermas' discourse-theoretic approach to law and democracy, the article argues that national states have the room to deviate, if not withdraw from the current configuration of economic rights advanced and enforced through international investment treaties. A robust proceduralist approach to rights and democracy would subject these agreements to critical democratic practice and open space to revise and roll back some of the rules and institutions associated with economic globalization.

Document Type: Research article

DOI: http://dx.doi.org/10.1080/1362102052000316007

Publication date: 2004-12-01

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