Document Type
Article
Publication Date
12-11-2014
Journal ISSN
0276-9948
Volume
2014
Issue
5
First Page
1617
Last Page
1662
Abstract
In this Article, Professors O'Hara O'Connor and Franck adapt and extend Larry Ribstein's positive framework for analyzing the role of jurisdictional competition in the law market. Specifically, the authors provide an institutional framework focused on interest group representation that can be used to balance the tensions underlying foreign investment law, including the desire to compete to attract investments and countervailing preferences to retain domestic policy-making discretion. The framework has implications for the respective roles of BITs and investment contracts as well as the inclusion and interpretation of various foreign investment provisions.
Recommended Citation
Susan Franck,
Foreign Investments and the Market for Law,
2014
University of Illinois Law Review
1617
(2014).
Available at:
https://digitalcommons.wcl.american.edu/facsch_lawrev/960
Included in
Banking and Finance Law Commons, International Law Commons, Jurisdiction Commons, Law and Economics Commons, Law and Politics Commons