Chapter

Global Administrative Law, the OECD, and International Investment

Grahame F. Thompson

in The Constitutionalization of the Global Corporate Sphere?

Published in print October 2012 | ISBN: 9780199594832
Published online January 2013 | e-ISBN: 9780191746079 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199594832.003.0005
Global Administrative Law, the OECD, and International Investment

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This chapter examines the growth of international administrative law, seen as part of the process of quasi-constitutionalization. The context for this is international investment matters, the first aspect of which concentrates on a case study of the OECD’s Guidelines for Multilateral Enterprises which has resulted in the setting up of National Contact Points (NCP) in all OECD countries to ‘promote’ the Guidelines. Based upon an analysis of the NCP process, this chapter analyses this rather neglected instrument for promoting ‘corporate citizenship’. It sets these NCPs in the context of global administrative law. The second aspect concerns the international investment regime that is developing in the shadow of bilateral investment treaties (BITs). These have proliferated in the wake of the demise of the attempt by the OECD to establish a multilateral investment agreement under its auspices.

Keywords: global administrative law; quasi-constitutionalization; MNCs; OECD National Contact Points; bilateral investment treaties; arbitration; democratic accountability

Chapter.  9761 words.  Illustrated.

Subjects: International Business

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