'These are my principles. If you don't like them I have others.' On justifications of foreign investment protection under international law

This article aims to show that the mainstream discourse of the international law of foreign investment protection has adjusted itself to changing historical circumstances in a way that brings to light its strategic and ideological character. It argues, in particular, that the justifications offered in defence of foreign investment protection under international law appear to have been pretextual rather than principled, having been offered to provide reasons capable of flying at a particular point in time in light of the attending circumstances rather than to serve as an analytically sound, empirically grounded, and diachronically consistent framework.

Automated summary

This article aims to demonstrate that the mainstream discourse of foreign investment protection under international law has adaptively evolved to reflect changing historical circumstances, revealing its strategic and ideological nature. It argues that the justifications given in defense of foreign investment protection appear to be pretextual rather than principled, serving as reasons that are viable in a specific context rather than as an analytically sound, empirically grounded, and diachronically consistent framework.