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The Balancing (and Unbalancing?) of Interests in International Investment Law and Arbitration

Mills, A; (2014) The Balancing (and Unbalancing?) of Interests in International Investment Law and Arbitration. In: Douglas, Z and Pauwelyn, J and Viñuales, JE, (eds.) The Foundations of International Investment Law: Bringing Theory into Practice. Oxford University Press: Oxford, UK. Green open access

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Abstract

This chapter examines the dynamic balancing, rebalancing, and (perhaps) unbalancing of interests which takes place in international investment law (IIL) and arbitration. It first analyses the contention that investment treaty negotiations establish an equilibrium between the states parties, reflecting both their interests and negotiating strengths. It then turns to the system of international investment dispute settlement through arbitration, and explores the ways in which the arbitral process might be said to rebalance or unbalance the equilibrium established between the states parties to the investment treaty. Some of the practical implications of this analysis are then explored by looking at the impact of different approaches to investment treaty interpretation on this question of interest balancing.

Type: Book chapter
Title: The Balancing (and Unbalancing?) of Interests in International Investment Law and Arbitration
ISBN-13: 9780199685387
Open access status: An open access version is available from UCL Discovery
DOI: 10.1093/acprof:oso/9780199685387.001.0001
Publisher version: http://dx.doi.org/10.1093/acprof:oso/9780199685387...
Language: English
Additional information: From "The Foundations of International Investment Law: Bringing Theory into Practice", edited by Zachary Douglas, Joost Pauwelyn, and Jorge E. Viñuales, 2014, reproduced by permission of Oxford University Press and the editor: http://dx.doi.org/10.1093/acprof:oso/9780199685387.001.0001
Keywords: international investment law, investment arbitration, investment treaties, dispute settlement, interest balancing
UCL classification: UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1398955
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