The Influencers of International Investment Law: A Computational Study of ISDS Actors’ Changing Behavior
AbstractThis Article studies the change in behavior over time for the professional actors in the international investment arbitration system. Using the results from a large-scale computational analysis, I find indications that the actors have increased their use of citations and their use of terms that originate outside of the litigated treaties. In light of these findings, I argue that the actors are increasingly challenging the insulated structural outset of international investment law with a more systemic approach to legal reasoning. Subsequently, I explore if theories from the realm of cognitive science may provide explanations for why the actors are changing their behavior and what consequences such cognitive mechanisms may have on the systems development.
AbstractThis Article studies the change in behavior over time for the professional actors in the international investment arbitration system. Using the results from a large-scale computational analysis, I find indications that the actors have increased their use of citations and their use of terms that originate outside of the litigated treaties. In light of these findings, I argue that the actors are increasingly challenging the insulated structural outset of international investment law with a more systemic approach to legal reasoning. Subsequently, I explore if theories from the realm of cognitive science may provide explanations for why the actors are changing their behavior and what consequences such cognitive mechanisms may have on the systems development.
Executive Summary
The article 'The Influencers of International Investment Law: A Computational Study of ISDS Actors’ Changing Behavior' employs computational analysis to examine shifts in the behavior of professional actors within the international investment arbitration system. The study reveals an increased use of citations and external legal terminology, suggesting a move towards a more systemic approach to legal reasoning. The author posits that cognitive science theories may explain these behavioral changes and explores potential consequences for the system's development.
Key Points
- ▸ Increased use of citations and external legal terms in international investment arbitration
- ▸ Shift towards a more systemic approach to legal reasoning
- ▸ Potential explanations from cognitive science for behavioral changes
- ▸ Exploration of consequences on the development of the international investment law system
Merits
Innovative Methodology
The use of computational analysis provides a novel and rigorous approach to studying behavioral changes in international investment law.
Interdisciplinary Approach
The integration of cognitive science theories adds depth and breadth to the analysis, offering a unique perspective on the motivations behind behavioral shifts.
Demerits
Data Limitations
The study relies on computational analysis, which may not capture the nuances of human behavior and decision-making processes fully.
Theoretical Speculation
The exploration of cognitive science theories is somewhat speculative and may require further empirical validation.
Expert Commentary
The article presents a compelling and innovative analysis of behavioral changes within the international investment arbitration system. By leveraging computational methods, the author provides empirical evidence of a shift towards a more systemic approach to legal reasoning. This is a significant contribution to the field, as it challenges the traditional, insulated structure of international investment law. The integration of cognitive science theories adds a layer of complexity and depth to the analysis, offering potential explanations for why these changes are occurring. However, the study's reliance on computational data may limit its ability to capture the full nuances of human behavior. Furthermore, the speculative nature of the cognitive science theories warrants further empirical validation. Despite these limitations, the article opens up new avenues for research and discussion, particularly in the intersection of law, behavioral science, and computational analysis. The findings have practical implications for the training and practice of arbitrators and policy implications for the reform of international investment law frameworks.
Recommendations
- ✓ Future research should aim to validate the findings through qualitative methods, such as interviews or case studies, to provide a more comprehensive understanding of the behavioral changes.
- ✓ The integration of cognitive science theories should be further explored and empirically tested to strengthen the theoretical foundation of the study.