Investor-state dispute settlement and national courts : current framework and reform options / Gabrielle Kaufmann-Kohler, Michele Potestà.
2020
K3830 .K38 2020 (Mapit)
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Details
Title
Investor-state dispute settlement and national courts : current framework and reform options / Gabrielle Kaufmann-Kohler, Michele Potestà.
Added Author
Imprint
Cham, Switzerland : Springer Open, [2020]
Copyright
©2020
Description
x, 117 pages ; 25 cm.
Series
European yearbook of international economic law. Special issue.
Formatted Contents Note
Scope and objective of this study
Why investment arbitration and not domestic courts? : the origins of the modern investment dispute resolution system, criticism, and future outlook
The interplay between investor-state arbitration and domestic courts in the existing IIA framework
The path to reform of ISDS : what role for national courts?
Conclusions and recommendations.
Why investment arbitration and not domestic courts? : the origins of the modern investment dispute resolution system, criticism, and future outlook
The interplay between investor-state arbitration and domestic courts in the existing IIA framework
The path to reform of ISDS : what role for national courts?
Conclusions and recommendations.
Summary
"This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States current efforts to reform the system. The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the 'division of labor' between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals - whatever form(s) the international mechanism for the settlement of investment disputes may take"--Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages 111-117).
Available in Other Form
Call Number
K3830 .K38 2020
Language
English
ISBN
9783030441630 hardcover
3030441636 hardcover
3030441636 hardcover
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