Contemporary Dilemmas of International Investment Law: From the Perspective of Settlement of International Investment Disputes
DOI:
https://doi.org/10.54097/7z46rj57Keywords:
International investment agreements; international investment law; investor-state dispute settlement; ISDS.Abstract
The current state of international investment law consists of thousands of International Investment Agreements (IIAs) and Investor-State Dispute Settlement (ISDS) mechanisms that create safeguards in international investment law and provide foreign investors with the means to mitigate the political risks they face in host countries. However, the number of effective international investment treaties is generally decreasing, and new investment treaties also exclude investor-state dispute settlement mechanisms. Based on past litigation, it is easy to see that the majority of investors who have successfully initiated litigation against host States have come from developed countries. Litigation against the host State by investors from the global South has been relatively few and far between, and has mostly been dismissed, and even when it has been successfully filed, it has not been successful. As a result, the dispute settlement mechanism is not inherently fair. It can be said that this mechanism is a symbol of protectionism in the post-colonial era, which is no longer suitable for the current time. This paper addresses these issues by providing a comprehensive analysis of the current state of development of international investment treaties and the current state of investor-state dispute settlement mechanisms.
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References
Wen Shu. The Enforcement Dilemma of Settlement Agreements Resulting from Investor: State Mediation and China’s Response. International Law Research, 2023(04):105-126.
Sang Yuanke. Application Dilemma and Its Approach on the State Counterclaim in International Investment Arbitratio. Chinese Maritime Law Research, 2023, 34(01):102-112.
Wen Yang. New Trends in Changes in International Investment Rules and China's Response Strategies. Northeast Asia Forum, 2023, 32(02): 21-35+127.
UNCTAD. World Investment Report. 2023, p.26.
Weghmann V, Hall D. The unsustainable political economy of investor: State dispute settlement mechanisms1. International Review of Administrative Sciences, 2021, 87(3): 480-496.
Patel N. An emerging trend in international trade: A shift to safeguard against ISDS abuses and protect host-state sovereignty. Minnesota Journal of International Law, 2017, 26(1): 273-302.
Ciocchini P, Khoury S. Investor state dispute settlement: Institutionalising “corporate exceptionality”. Onati Socio-legal Series, 2018, 8(6): 976-1000.
Moehlecke C, Wellhausen R L. Political risk and international investment law. Annual Review of Political Science, 2022, 25: 485-507.
Franck SD. Rationalizing costs in investment treaty arbitration. Wash. Univ. Law Rev, 2011. 88:769-852.
Li Zhaohui. A study on the recognition and enforcement of ICSID Arbitral Awards by third countries. Yunnan University of Finance and Economics, 2023.
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