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The Renegotiation of International Agreements: The Case of Bilateral Investment Treaties

Objectif

Given that their main function is to forge durable commitments, it is notable that many international treaties have changed over time through the increasingly common practice of renegotiation. While some agreements have remained intact after their initial conclusion, others are amended, updated, or replaced. Why are some international agreements renegotiated while others remain stable? Despite growing interest in agreement flexibility and renegotiation provisions as an institutional design outcome, extant research has not addressed the question of renegotiation itself with much depth or rigor. This interdisciplinary project will offer a systematic analysis of treaty renegotiation by presenting theoretical propositions and testing them in the context of bilateral investment treaties (BITs). With over 150 BITs having been renegotiated since the early 1990s, this set of treaties provides a nice laboratory for studying the phenomenon. Building on contract theory and the rational design literature, I intend to develop a set of testable hypotheses on renegotiation based on three mechanisms: overcoming uncertainty through learning, exogenous changes in circumstances, and shifts in the balance of bargaining power between the parties to the treaty. This framework will be evaluated with a combination of qualitative and quantitative approaches that include in-depth interviews of government officials and other individuals engaged in BIT-related policies, content analysis of investment treaties, and a large-N regression analysis. This aspect of the project involves the completion of an original data base of all renegotiated BITs and their content, which is currently not available.

Appel à propositions

FP7-PEOPLE-2012-CIG
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Coordinateur

THE HEBREW UNIVERSITY OF JERUSALEM
Contribution de l’UE
€ 100 000,00
Adresse
EDMOND J SAFRA CAMPUS GIVAT RAM
91904 Jerusalem
Israël

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Type d’activité
Higher or Secondary Education Establishments
Contact administratif
Hani Ben Yehuda (Ms.)
Liens
Coût total
Aucune donnée