About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

12 J. Int'l Disp. Settlement 1 (2021)

handle is hein.journals/jloildte12 and id is 1 raw text is: Journal of International Dispute Settlement, 2021, 12, 1-41 doi: 10.1093/jnlids/idaa027 Article Do Investor-State Dispute Settlement Cases Influence Domestic Environmental Regulation? The Role of Respondent State Bureaucratic Capacity Tarald Laudal Berge * and Axel Berger** ABSTRACT Does international politics influence domestic politics? In the investment treaty re- gime, there is currently a debate about whether investor-state dispute settlement cases influence respondent state domestic regulation. We present a systematic test of this re- lationship. Using two unique datasets, we examine whether investor-state cases target- ing environmental measures influence respondent states' environmental regulation. We make two theoretical contributions. First, we present an integrated typology of poten- tial regulatory responses to investor-state dispute settlement cases. Second, we propose a novel, conditional theory of regulatory responses to investor-state cases. We argue that states' responses should depend on their bureaucratic capacity. In our analysis, we find that respondent state bureaucratic capacity conditions the relationship between investor-state cases and subsequent domestic regulation. There is a more pronounced negative relationship between investor-state cases and regulatory behavior in states with high bureaucratic capacity than in low-capacity states. 1. INTRODUCTION Scholars have debated the extent to which international politics influence domestic politics for decades. Peter Gourevitch held that the main international sources of domestic politics were state power and the international economic system. In this article, we analyse the conditions under which the international economic regime that governs foreign direct investment (FDI) flows-what has been labelled the * University of South-Eastern Norway, School of Business & University of Oslo, PluriCourts. Email: t.l. berge@stv.uio.no ** German Development Institute/Deutsches Institut fir Entwicklungspolitik (DIE). Email: axel.berger@die- gdi.de. This study is part of a continuing project, and has benefited from support by the Research Council of Norway through its Centres of Excellence funding scheme, project number 223274, and through its FRIPRO funding scheme, project number 276009 1 P Gourevitch, 'The Second Image Reversed: The International Sources of Domestic Politics' (1978) 32(4) International Organization 882. © The Author(s) 2021. Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited. . 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most