Caron & Shirlow: Dissecting Backlash: The Unarticulated Causes of Backlash and its Unintended Consequences

David D. Caron (King's College London – Law) & Esme Shirlow (King's College London - Law) have posted Dissecting Backlash: The Unarticulated Causes of Backlash and its Unintended Consequences (in The Judicialization of International Law - A Mixed Blessing?, Geir Ulfstein & Andreas Føllesdal eds., forthcoming). Here's the abstract:

References to “backlash” are becoming increasingly ubiquitous in international law scholarship. Few have, however, sought to define or unpack the complexities of backlash. In this chapter, we seek to develop a notion of “backlash”, identify what underlies it, and illuminate its potential unintended consequences. While we focus upon investment treaty arbitration as a case study, we endeavor to illuminate the complexities of evaluating opposition to international regimes. These issues hold particular relevance to investor-State arbitration given current State negotiations of major bi‑ and multi‑ lateral treaties with investor-State protections. They are also likely to gain in relevance with many investment treaties shortly coming up for renewal or termination.