Lubambo de Melo, MO;
(2017)
Host States and State-State Investment Arbitration: Strategies and Challenges.
Revista de Direito Internacional
, 14
(2)
pp. 81-93.
10.5102/rdi.v14i2.4648.
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Abstract
The article aims at discussing whether State-State arbitration in foreign investments is an available strategy to host States. It revises the language of investment treaty provisions and inter-state arbitral awards and then analyses cases and treaty-making practice. This article concludes that the possibility of State-State arbitration is not a backlash. It constitutes an additional opportunity for host States to advance their understanding of the treaties and to provide balance to investment treaty commitments. While State-State arbitration may be a viable strategy, there are some challenges that need to be overcome. The definition of the term dispute, the obligation to consult on the meaning of provisions and the establishment of a clear hierarchy between State-State awards in relation to investor-State awards are some of the ways forward.
| Type: | Article |
|---|---|
| Title: | Host States and State-State Investment Arbitration: Strategies and Challenges |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.5102/rdi.v14i2.4648 |
| Publisher version: | http://dx.doi.org/10.5102/rdi.v14i2.4648 |
| Language: | English |
| Additional information: | This is an Open Access article published under the Creative Commons Attribution 4.0 International (CC BY 4.0) Licence (https://creativecommons.org/licenses/by/4.0/). |
| Keywords: | International Investment Law; State-State Arbitration; Investment Treaties; Host States; BITs |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery-pp.ucl.ac.uk/id/eprint/10039117 |
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