Investor-State Dispute Settlement and National Courts
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...
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| Format: | Online |
| Langue: | anglais |
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Springer Nature
2021
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| Accès en ligne: | ONIX_20200714_9783030441647_6 |
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| _version_ | 1869522455124508672 |
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| author | Kaufmann-Kohler, Gabrielle Potestà, Michele |
| author_browse | Kaufmann-Kohler, Gabrielle Potestà, Michele |
| author_facet | Kaufmann-Kohler, Gabrielle Potestà, Michele |
| author_sort | Kaufmann-Kohler, Gabrielle |
| collection | Directory of Open Access Books |
| description | 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. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement. |
| format | Online |
| id | doab-20.500.12854ir-29390 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Springer Nature |
| publisherStr | Springer Nature |
| record_format | ojs |
| spelling | doab-20.500.12854ir-293902025-07-21T15:57:21Z Investor-State Dispute Settlement and National Courts Kaufmann-Kohler, Gabrielle Potestà, Michele Dispute Resolution, Mediation, Arbitration International Economic Law, Trade Law International Economics ISDS Investment arbitration National courts Domestic courts Multilateral investment court Reform of ISDS Appeal mechanism Bilateral investment treaties ICSID Convention Exhaustion of local remedies Open access Arbitration, mediation & alternative dispute resolution Public international law: economic & trade International economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCL International economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCL International economics 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. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement. 2021-02-10T13:32:07Z 2021-02-10T13:32:07Z 2020-07-14T07:18:13Z 2020 book ONIX_20200714_9783030441647_6 OCN: 1164491430 https://library.oapen.org/handle/20.500.12657/39971 https://directory.doabooks.org/handle/20.500.12854/29390 eng European Yearbook of International Economic Law; Special Issue open access image/jpeg image/jpeg image/jpeg n/a n/a n/a https://library.oapen.org/bitstream/20.500.12657/39971/1/2020_Book_Investor-StateDisputeSettlemen.pdf https://library.oapen.org/bitstream/20.500.12657/39971/1/2020_Book_Investor-StateDisputeSettlemen.pdf https://library.oapen.org/bitstream/20.500.12657/39971/1/2020_Book_Investor-StateDisputeSettlemen.pdf Springer Nature Springer 10.1007/978-3-030-44164-7 10.1007/978-3-030-44164-7 9fa3421d-f917-4153-b9ab-fc337c396b5a Springer 117 open access |
| spellingShingle | Dispute Resolution, Mediation, Arbitration International Economic Law, Trade Law International Economics ISDS Investment arbitration National courts Domestic courts Multilateral investment court Reform of ISDS Appeal mechanism Bilateral investment treaties ICSID Convention Exhaustion of local remedies Open access Arbitration, mediation & alternative dispute resolution Public international law: economic & trade International economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCL International economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCL International economics Kaufmann-Kohler, Gabrielle Potestà, Michele Investor-State Dispute Settlement and National Courts |
| title | Investor-State Dispute Settlement and National Courts |
| title_full | Investor-State Dispute Settlement and National Courts |
| title_fullStr | Investor-State Dispute Settlement and National Courts |
| title_full_unstemmed | Investor-State Dispute Settlement and National Courts |
| title_short | Investor-State Dispute Settlement and National Courts |
| title_sort | investor state dispute settlement and national courts |
| topic | Dispute Resolution, Mediation, Arbitration International Economic Law, Trade Law International Economics ISDS Investment arbitration National courts Domestic courts Multilateral investment court Reform of ISDS Appeal mechanism Bilateral investment treaties ICSID Convention Exhaustion of local remedies Open access Arbitration, mediation & alternative dispute resolution Public international law: economic & trade International economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCL International economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCL International economics |
| topic_facet | Dispute Resolution, Mediation, Arbitration International Economic Law, Trade Law International Economics ISDS Investment arbitration National courts Domestic courts Multilateral investment court Reform of ISDS Appeal mechanism Bilateral investment treaties ICSID Convention Exhaustion of local remedies Open access Arbitration, mediation & alternative dispute resolution Public international law: economic & trade International economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCL International economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCL International economics |
| url | ONIX_20200714_9783030441647_6 |
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