Investment treaty arbitration and the development of international investment law as a ‘collective value system’: a synopsis of a new synthesis

Ghouri, Ahmad Ali (2009) Investment treaty arbitration and the development of international investment law as a ‘collective value system’: a synopsis of a new synthesis. Journal of World Investment and Trade, 10 (6). pp. 921-935. ISSN 1660-7112

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Abstract

After a critical account of the development of international investment arbitration (ITA) and ensuing rules of international investment law (IIL), this article examines the emerging design of IIL as a distinct substantive regime on the international plane. This is followed by an analysis of the views of known scholars on the determination of substantive rules of IIL highlighting the controversies within the ITA system. Then, after noting the problems arising out of the conflicting ITA awards and the complicated nexus of state obligations, the article argues that the solution to the ITA systemic problems is in finding a new foundation for the system based on solid substantive rules and collective values. In conclusion, a road map has been advanced for the accomplishment of this collective value system.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K7000 Private international law. Conflict of laws
K Law > KZ Law of Nations > KZ6350 Enforced settlement of international disputes
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Depositing User: Ahmad Ghouri
Date Deposited: 02 Jul 2014 13:06
Last Modified: 07 Mar 2017 10:15
URI: http://sro.sussex.ac.uk/id/eprint/49162

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