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Host States and State-State Investment Arbitration: Strategies and Challenges

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. Green open access

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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.ucl.ac.uk/id/eprint/10039117
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