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

journal contribution
posted on 2023-06-08, 17:43 authored by Ahmad GhouriAhmad Ghouri
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.

History

Publication status

  • Published

File Version

  • Published version

Journal

Journal of World Investment & Trade

ISSN

1660-7112

Publisher

Martinus Nijhoff

Issue

6

Volume

10

Page range

921-935

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2014-07-02

First Compliant Deposit (FCD) Date

2014-07-02

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