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New Issues in the Settlement of Disputes of International Investments: the Global Reach of the Role of Dispute Settlement

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Chapter Summary

This chapter examines the main issues characterising the evolution of jurisdictional requirements, with particular reference to those decisions of the International Centre for Settlement of Disputes (ICSID) tribunals that have to a significant extent influenced a change in perspective, not only in respect of the extent of bilateral investments treaties and related instruments but also of the very meaning of international law in some aspects. In spite of critical perceptions that are not entirely wrong in some matters, the end result of such a process has helped thus far to reach a balance between the right of host States to undertake regulatory functions in the public interest and the right of foreign investors to carry on their business without arbitrary or unlawful interference.

Keywords: arbitration; bilateral investments treaties; dispute settlement; host States; ICSID; international law; tribunals



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