Transatlantic investor protection as a threat to democracy: the potency and limits of an emotive frame*

Abstract

A campaign by civil society organizations (CSOs) turned a relatively obscure area of international economic law—investor–state dispute settlement (ISDS)—into the focus of opposition to the Transatlantic Trade and Investment Partnership (TTIP) and later the European Union (EU)–Canada Comprehensive Economic and Trade Agreement (CETA). This article analyses how CSOs impacted on the EU’s position, while highlighting the limitations of their influence. Combining insights from constructivist International Political Economy literature with scholarship emphasizing the importance of emotions in advocacy framing, I contend that CSOs were able to create a polysemic ‘injustice frame’. The characterization of transatlantic ISDS as a threat to democracy and the rule of law aroused anger, while being ambiguous enough to garner widespread support. The ambiguity of CSOs’ advocacy frame and the concreteness of its target, however, were also the frame’s Achilles heel. These aspects provided space for the European Commission to reform a specific element of the agreement and thereby repair the latter’s overall legitimacy. The Commission’s counter-frame emphasized the reform’s democratic credentials by representing TTIP as an opportunity to move ISDS towards a system of ‘public law’. While this reframing failed to satisfy most opposition, it placated pivotal actors and allowed the Commission to move forward.     

Developmental Change in Adolescent Delinquency: Modeling Time-Varying Effects of a Preventative Intervention and GABRA2 Halpotype Linked to Alcohol Use

Journal of Youth and Adolescence - Better integrating human developmental factors in genomic research is part of a set of next steps for testing gene-by-environment interaction hypotheses. This...     

The rise of the Global South,the IMF and the future of Law and Development

Following the onset of the Asian Financial Crisis the world has witnessed a re-accommodation of the global financial system. In the particular case of middle-income countries they have disentangled themselves from the conditionality of the IMF and grown into more assertive actors in international forums, proposing new alternative mechanisms to become more financially independent and for the provision of development assistance. This article critically reviews the new reality by assessing the strategies deployed by developing countries to reduce the IMF’s influence, and explores the potential consequences of the rise of middle-income nations for Law and Development.