INVESTOR-STATE DISPUTE SETTLEMENT IN INTERNATIONAL PUBLIC LAW: A CRITICAL ASSESSMENT AND FUTURE DIRECTIONS
DOI:
https://doi.org/10.69691/fzm6n244Keywords:
investor-State Dispute Settlement (ISDS), Bilateral Investment Treaties (BITs), Foreign direct investment (FDI), Sovereignty, Regulatory space.Abstract
Investor-State Dispute Settlement (ISDS) is a mechanism that allows foreign investors to bring claims against states in which they have invested, typically through arbitration rather than national courts. Initially conceived as a means to protect investments in politically unstable environments, ISDS has become a central point of debate in international public law. This article offers a critical assessment of ISDS and explores future directions for reform to align the mechanism more closely with modern principles of public international law.
References
Thakur T. Reforming the investor-state dispute settlement mechanism and the host state’s right to regulate: a critical assessment //Indian Journal of International Law. – 2021. – Т. 59. – №. 1. – С. 173-208.
Beaumont B. et al. The Future of Investor-State Dispute Settlement: Reforming Law, Practice and Perspectives for a Fast-Changing World. – 2024.
Ghori U. Investment court system or ‘regional’dispute settlement?: The uncertain future of investor-state dispute settlement //Bond Law Review. – 2018. – Т. 30. – №. 1. – С. 83-117.
Dimitropoulos G. Investor–state dispute settlement reform and theory of institutional design //Journal of International Dispute Settlement. – 2018. – Т. 9. – №. 4. – С. 535-569.
Karas M. Investor-state dispute settlement–the main controversies and the way forward //Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale. – 2017. – Т. 12. – №. 4. – С. 585-591.
Zugliani N. et al. The Evolving Role of State Sovereignty in the International Investment Regime. – 2021.
Lin Y. J. Balancing and sovereignty in international law: Reviewing convergences and divergences in international investment law and trade law : дис. – University of Leicester, 2019.
Miles K. Investor-state dispute settlement: conflict, convergence, and future directions //European Yearbook of International Economic Law 2016. – 2016. – С. 273-308.
Downloads
Published
Issue
Section
License
Copyright (c) 2024 Journal of Tamaddun Nuri
This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.