Examining the formative aspect of investment treaty commitments: Lessons from commercial law and trade law

Publication Type

Book Chapter

Publication Date

2-2015

Abstract

Criticisms of the current investor-state dispute settlement system stemming from a large number of bilateral investment treaties are well known. These include a lack of consistency in arbitral reasoning among tribunals, the lack of an appellate mechanism, selection and choice of arbitrators, costs and arbitral decisions affecting matters of public interest. Criticisms are directed at the process, the outcomes as well as the players. In order to address these, solutions or changes need to be directed at the formative process leading to the treaty commitments.

Discipline

Commercial Law | Dispute Resolution and Arbitration | International Trade Law

Publication

Reshaping the Investor-State Dispute Settlement System

Volume

4

Editor

Jean E. Kalicki & Anna Joubin-Bret

First Page

221

Last Page

249

ISBN

9789004291102

Identifier

10.1163/9789004291102_010

Publisher

Brill Nijhoff

City or Country

Leiden

Additional URL

https://doi.org/10.1163/9789004291102_010

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