Title

The EC and UNCTAD Reform Agendas: Do They Ensure Independence, Openness, and Fairness in Investment Treaty Arbitration?

Document Type

Book Chapter

Publication Date

2016

Source Publication

Steffen Hindelang and Markus Krajewski (eds.) Shifting Paradigms in International Investment Law (Oxford University Press, 2016)

Abstract

International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from South Africa and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

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