RESOURCES
Extended BibliographiesSource: Moehlecke, Carolina and Wellhausen, Rachel L. 2022. “Political Risk and International Investment Law.” Annual Review of Political Science. 25:1-23. Source: Wellhausen, Rachel L. 2021. "Foreign Direct Investment." Entry, Oxford Handbook of International Political Economy (Editors: Jon Pevehouse and Leonard Seabrooke)
ISDS Data
Here you will find collections of Investor-State Dispute Settlement (ISDS) data. Because of the increasing accessibility of general sources of ISDS data, thanks to a variety of efforts around the world, these data focus on variables unavailable elsewhere. Please get in touch with questions.
"International Investment Law and Foreign Direct Reinvestment." International Organization 73(4): 839-858. 2019. [Online Appendix], [Replication Data], [Stata code], and [Supplementary Qualitative Data].
Advantage of these data: These data include a code for "reinvestment," meaning that (at least one of) the claimant(s) left and reentered the host country after the arbitration; stayed in the host country during and after the arbitration; and/or was present in the host country in 2015 whether or not its investment choices in the interim are known (data accurate as of 2018).
"Judicial Economy and Moving Bars in International Investment Arbitration." (with Leslie Johns and Calvin Thrall) Review of International Organizations. 15(4): 923-945. 2019. [Replication Data] and [R code].
Advantage of these data: These data include coding for the particular legal claims made by the claimant(s), in particular, whether each claim was adjudicated as well as the outcome (data accurate as of 2018).
"Global Value Chains as a Constraint on Sovereignty: Evidence from Investor-State Dispute Settlement." (with Carolina Moehlecke and Calvin Thrall*) International Studies Quarterly 67:1. 2023. [Appendix]
Advantage of these data: These data code the underlying government regulation/policy that the investor claims caused the property rights violation, as well as the status of that regulation after arbitration (data accurate as of 2019).
"Recent Trends in Investor-State Dispute Settlement." Journal of International Dispute Settlement 7(1): 117-135. 2016. [.csv file and codebook]
Advantage of these data: The coding rules for these data are different from those used by UNCTAD. In particular, they specifically include arbitrations brought under contractual ISDS clauses and domestic law, and not only treaty-based under international investment agreements (data accurate as of 2016).
"Bondholders v. Direct Investors? Competing Responses to Expropriation." International Studies Quarterly 59(4): 750-764. 2015. [Replication Files]
Advantage of these data: These data, focused on a subset of countries, include a code for whether the host country earned revenue as a result of the action that triggered the ISDS arbitration. The coding procedure focused on information in legal filings and/or other news and reports, such that they include codes for ISDS arbitrations for which the filings (and thus specific legal claims) are not public. Note that revenue-generating underlying actions are correlated with (public) legal claims of direct expropriation but are not identical (data accurate as of 2013).
"Investor-State Disputes: When Can Governments Break Contracts?" Journal of Conflict Resolution 59(2): 239-261. 2015. [Replication Files]
The Shield of Nationality: When Governments Break Contracts with Foreign Firms. Cambridge University Press. 2015. [Replication Files for The Shield of Nationality]
Advantage of these data: These data include nuanced nationality identifiers for the claimant(s) in ISDS arbitrations, accounting for legal and non-legal conceptualizations of the home country of the claimant(s) (data accurate as of 2013).
Here you will find collections of Investor-State Dispute Settlement (ISDS) data. Because of the increasing accessibility of general sources of ISDS data, thanks to a variety of efforts around the world, these data focus on variables unavailable elsewhere. Please get in touch with questions.
"International Investment Law and Foreign Direct Reinvestment." International Organization 73(4): 839-858. 2019. [Online Appendix], [Replication Data], [Stata code], and [Supplementary Qualitative Data].
Advantage of these data: These data include a code for "reinvestment," meaning that (at least one of) the claimant(s) left and reentered the host country after the arbitration; stayed in the host country during and after the arbitration; and/or was present in the host country in 2015 whether or not its investment choices in the interim are known (data accurate as of 2018).
"Judicial Economy and Moving Bars in International Investment Arbitration." (with Leslie Johns and Calvin Thrall) Review of International Organizations. 15(4): 923-945. 2019. [Replication Data] and [R code].
Advantage of these data: These data include coding for the particular legal claims made by the claimant(s), in particular, whether each claim was adjudicated as well as the outcome (data accurate as of 2018).
"Global Value Chains as a Constraint on Sovereignty: Evidence from Investor-State Dispute Settlement." (with Carolina Moehlecke and Calvin Thrall*) International Studies Quarterly 67:1. 2023. [Appendix]
Advantage of these data: These data code the underlying government regulation/policy that the investor claims caused the property rights violation, as well as the status of that regulation after arbitration (data accurate as of 2019).
"Recent Trends in Investor-State Dispute Settlement." Journal of International Dispute Settlement 7(1): 117-135. 2016. [.csv file and codebook]
Advantage of these data: The coding rules for these data are different from those used by UNCTAD. In particular, they specifically include arbitrations brought under contractual ISDS clauses and domestic law, and not only treaty-based under international investment agreements (data accurate as of 2016).
"Bondholders v. Direct Investors? Competing Responses to Expropriation." International Studies Quarterly 59(4): 750-764. 2015. [Replication Files]
Advantage of these data: These data, focused on a subset of countries, include a code for whether the host country earned revenue as a result of the action that triggered the ISDS arbitration. The coding procedure focused on information in legal filings and/or other news and reports, such that they include codes for ISDS arbitrations for which the filings (and thus specific legal claims) are not public. Note that revenue-generating underlying actions are correlated with (public) legal claims of direct expropriation but are not identical (data accurate as of 2013).
"Investor-State Disputes: When Can Governments Break Contracts?" Journal of Conflict Resolution 59(2): 239-261. 2015. [Replication Files]
The Shield of Nationality: When Governments Break Contracts with Foreign Firms. Cambridge University Press. 2015. [Replication Files for The Shield of Nationality]
Advantage of these data: These data include nuanced nationality identifiers for the claimant(s) in ISDS arbitrations, accounting for legal and non-legal conceptualizations of the home country of the claimant(s) (data accurate as of 2013).
