This essay emerges from a joint symposium of the Hastings Business Law Journal and the Hastings Science andTechnology Law Journal entitled “Regulating the Disruption Economy: Tech Startups as Regulatory Reformers.” Thesymposium featured panels on virtual currency, crowdfunding, and the sharing economy. Drawing from the symposium, this essay considers why startups are increasingly taking up the mantle of regulatory reform, how they are achieving their successes, and whether this is a positive development for our political economy.
In recent years, international law governing foreign investment has been criticized for giving too much power to foreign investors, while international arbitration procedures have been criticized for not being able to develop a jurisprudence constante. This article proposes that, despite these critiques, the current regime provides adequate protection to most foreign investors. In particular, this article analyzes the magnitude of the emerging “treaty shopping practice” and draws relevant theoretical and policy implications for proper rulemaking. While the risk of treaty shoppin