Public Participation and Investment Treaties: towards a New Settlement?
This chapter reflects on the case and channels for public participation in the making of international investment law. The chapter contrasts the limited participation that has historically characterised investment treaty making with experience in other areas of law, particularly constitutional law. It then examines how these limited levels of public participation have prompted “democratic legitimacy” critiques of the investment treaty regime. Finally, the chapter discusses recent trends in parliamentary and citizen engagement with investment treaty policy, and explores whether new patterns are emerging in the ways investment treaties are made and implemented.