ABSTRACT
This chapter culminates the examination of the relationship of Private International Law and power in the global political economy through an examination of the practice of investor-state arbitration. The incorporation of private international arbitration into the system of investment treaty law since the 1980s marks the full immersion of Private International Law norms, principles, and technologies directly into the operation of public power on a global scale. The chapter explains this process and its significance for the relationship of public and private power in modern capitalism, explores the emerging backlash against investor-state arbitration, and surveys the likely impact of the latter on the shape of the global political economy. Here, I continue the discussion of the impact of the rise of East Asian political economies on the changing roles and dynamics of Private International Law.
