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Constitutional Problems Of Investor–State Arbitration

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Chapter Summary

This chapter uses the genius loci of Thessaloniki in order to address questions relating to international justice that continue to be unduly neglected in international law and dispute settlement practice. Investor-state arbitration may be based either on commercial contracts and arbitration rules (such as those of UNCITRAL, the International Chamber of Commerce, the London Court of International Arbitration) or on international treaties (such as BITs and ICSID) and legislation. The procedures, applicable law, publicity and international legal effects of private commercial arbitration concerning 'contract claims' may differ fundamentally from those concerning 'treaty claims'. Hence, also investor-state arbitration involving conflicts among private and public interests requires reconciling the private and public law dimensions within a public law framework that must avoid onesidedly privileging investor rights.

Keywords: genius loci; international dispute settlement; international law; investor-state arbitration

10.1163/ej.9789004180390.i-676.21
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