Publication Type

Report

Version

publishedVersion

Publication Date

6-2025

Abstract

The purpose of the present report is to provide an overview and analysis of the measures that States adopt domestically to implement treaties that establish mechanisms for the resolution of international disputes. The report’s scope subsumes both treaties that include dispute settlement mechanisms to resolve disputes concerning the substantive obligations contained therein as well as treaties that establish frameworks for dispute resolution simpliciter which may be used to resolve disputes arising under a variety of substantive treaties (collectively “international dispute settlement mechanism” or “IDSM” treaties). The approach of the research contained within this report has been to gather information about State experiences with respect to giving effect to IDSM treaties both at the international and regional levels, giving special attention to a number of recurrent questions: (i) What provisions in IDSM treaties require or implicate the need for States to adopt domestic measures? (ii) What measures do States in fact adopt in domestic law to give effect to IDSM treaties? (iii) What measures do States adopt in order to ensure that the decisions issued pursuant to the dispute resolution mechanisms of an IDSM treaty are given legal effect within the domestic order? (iv) What steps do States take in domestic law to ensure the functioning of the courts, tribunals and other dispute settlement mechanisms established by IDSM treaties, e.g., with respect to funding, appointment of adjudicators, etc.? The analysis and information contained in this report is intended to serve three purposes. First, it provides guidance with respect to the design and drafting of an instrument establishing a multilateral investment dispute settlement mechanism. Second, it provides guidance for States when considering what types of implementing measures they may need to adopt in order to give effect to the jurisdiction of a multilateral investment dispute settlement mechanism. Third, it provides insights into the kind of capacity building and technical assistance that States may need in order to adopt such measures.

Discipline

Dispute Resolution and Arbitration

Areas of Excellence

Growth in Asia

First Page

1

Last Page

23

Additional URL

https://www.jus.uio.no/ior/english/research/projects/copiid/academic-forum/papers/volume-i-treaties-establishing-dispute-settlement-frameworks.pdf

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