Critical Approaches to International Investment Law: Voicing the Needs for Change

This paper will investigate the changing structures of one of the traditional pillars of international economic law, investment law,using a critical approach to the topic.
ISDS was first criticized by South American States, framing a political discourse denouncing the fallacies of the arbitral system. The discourse changed drastically when European States adopted similar reactions, framing their preoccupations in terms of conflict of norms with the EU constitutional system. But ISDS has also been the object of criticism from academia and civil society, as shown in the 2010 Public Statement on the International Investment Regime, recalling that State fundamental right to regulate. With this in mind, the paper aims at tracing the theoretical underpinnings of these contestation narratives using a post-colonial and neo-Marxist approach.