Investment Treaty Disputes: Ideological Fault Lines and an Evolving Zeitgeist

Author

Locknie HSU, Singapore Management UniversityFollow

Publication Type

Journal Article

Version

acceptedVersion

Publication Date

12-2011

Abstract

The zeitgeist of the 21st century in the field of investment treaty arbitrations comprises a rise in the number of such arbitrations and accompanying observations on the unwieldy jurisprudential effects of such a rise. The international investment arbitration community is alive with discussion over these effects, which discussion includes an examination of the value of prior awards as precedents.' The existing regime based on treaty interpretation clearly provides no formal system of precedent and the 'players' (read: arbitrators) change from dispute to dispute as investment arbitration tribunals do not fall within a single, neat judicial hierarchical system. With the number of investor-State disputes and investment arbitration awards increasing, relatively new questions (and concerns) over these effects have therefore arisen.

Discipline

Asian Studies | Dispute Resolution and Arbitration | Law and Economics

Research Areas

Dispute Resolution

Publication

Journal of World Investment and Trade

Volume

12

Issue

6

First Page

827

Last Page

953

ISSN

1660-7112

Identifier

10.1163/221190011X00328

Publisher

Brill

Citation

HSU, Locknie. Investment Treaty Disputes: Ideological Fault Lines and an Evolving Zeitgeist. (2011). Journal of World Investment and Trade. 12, (6), 827-953.
Available at: https://ink.library.smu.edu.sg/sol_research/1100

Copyright Owner and License

Authors

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.

Additional URL

https://doi.org/10.1163/221190011X00328