Protection of Foreign Investments and Investors: Behavioral International Law and Economy Approach to Lawmaking, Compliance and Dispute Settlement

The international investment law stands at crossroads: two ongoing reforms will determine its shape and content in the near future. At the same time, negotiating governments, experts and practitioners sometimes take completely opposite views on challenges and solutions of this legal system. The present research attempts to approach this issue by introducing a novel theory on the cognition of international legal discourse. Taking the best conclusions and instruments of law & economics and supplementing them with modern behavioural insights, the thesis analyses the international investment law through the prism of BIntLE. The research assesses the decision-making process of States and investors and the efficiency of contemporary international investments agreements. As a result, the thesis proposes a fresh look at the challenges and solutions of international investment law in the substantive and procedural spheres.