Jonathan Bonnitcha

Email: J.M.Bonnitcha@lse.ac.uk
Room: New Academic Building 6.34
Tel. 020-7955-7240

Jonathan Bonnitcha is an ESRC Postdoctoral Fellow in international investment law at the LSE. In 2012, he obtained the degree of DPhil from the University of Oxford for a thesis titled ‘How much substantive protection should investment treaties provide to foreign investment?’ As a Rhodes Scholar at Oxford, he obtained the degrees of MPhil, with Distinction, and BCL, with Distinction and the prize for International Economic Law. Jonathan also holds the degrees of BEc and LLB from the University of Sydney, where he was awarded the University Medal in Political Economy and the Convocation Medal for the most outstanding graduate of the university overall. He has worked on several investment treaty arbitrations, both in private practice and as a government lawyer.
 

see also Jonathan Bonnitcha's SSRN page

 

Research interests


Jonathan’s primary research interest is international investment treaties. He is currently working on developing his DPhil thesis on this subject for publication by Cambridge University Press as a monograph in late-2013. The book will draw on economic theory, empirical evidence and a detailed legal analysis of provisions of existing investment treaties to consider the level of substantive protection that investment treaties should provide to foreign investment. The argument is that economic justifications for providing preferential legal protection to foreign investment are weaker than generally assumed, and that the grant of expansive rights to foreign investors through investment treaties entails significant policy costs. The book will consider the significance of this argument for the drafting and interpretation of investment treaties.

Jonathan’s research is highly relevant to governments reflecting on the drafting of investment treaties, including the European Commission, which is currently drafting a new European model investment treaty, and the United States, which is reviewing its treaty practice. His research was extensively cited by the Australian Productivity Commission in its recent review of Australian policy on investment treaties.

Jonathan also has a research interest in business and human rights, particularly in the scope and implementation of the corporate responsibility to respect human rights as articulated in the UN Guiding Principles on Business and Human Rights.

   

External Activities


  • Admitted as a lawyer in the jurisdiction of NSW (Australia)

  • Involved in a variety of pro bono activities, which have included legal research for Amnesty International and Oxford Pro Bono Publico

 

Teaching


Selected articles
and chapters in books
 

J Bonnitcha and E Aisbett, ‘An Economic Analysis of the Substantive Protections Provided by Investment Treaties’ in K Sauvant (ed) Yearbook on International Investment Law & Policy 2011-2012 (Oxford University Press) [FORTHCOMING]

R Lindsay, R McCorquodale, L Blecher, J Bonnitcha, A Crockett, and A Sheppard ‘Human rights responsibilities in the oil and gas sector: applying the UN guiding principles’ (2013) 6 Journal of World Energy Law and Business pp.2-66

J Bonnitcha, ‘The UN guiding principles on business and human rights: the implications for enterprises and their lawyers’ (2012) 1 Business and Human Rights Review, 14

‘Outline of a Normative Framework for Evaluating Interpretations of Investment Treaty Protections’ in C Brown & K Miles (eds) International Investment Law and Arbitration: Evolution and Revolution in Substance and Procedure (Cambridge University Press, 2011)

'The problem of moral hazard and its implications for the protection of "legitimate expectations" under the fair and equitable treatment standard' (2011) 1(3) Investment Treaty News Quarterly 6

K Khoday & J Bonnitcha, ‘Globalization and Inclusive Governance in China and India: Foreign Investment, Land Rights, and Legal Empowerment of the Poor’ in M Gehring, M-C Cordonier Segger & A Newcombe (eds) Sustainable Development in World Investment Law (Kluwer Law International, 2011)

JD Taillant & J Bonnitcha, ‘International Investment Law and Human Rights’ in M Gehring, M-C Cordonier Segger & A Newcombe (eds) Sustainable Development in World Investment Law (Kluwer Law International, 2011)

J Bonnitcha & E Aisbett, 'The merits of including post-establishment protection for foreign investment in Australian FTAs' (2010) Submission to Australian Productivity Commission Review of Bilateral and Regional Trade Agreements

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