TY - JOUR
T1 - The Reform of International Investment Law: Whose Rule of Law?
AU - Damjanovic, Ivana
N1 - Publisher Copyright:
© The Author(s), 2024. Published by Cambridge University Press.
PY - 2024/4/29
Y1 - 2024/4/29
N2 - Public and political controversies over Investor–State Dispute Settlement (ISDS) have prompted reform processes in international investment law, at bilateral, regional and multilateral levels, with different actors shaping the future of international investment governance. In its essence, the options for the ISDS reform reflect the diverging perspectives on the rule of law in international law. Ultimately, they present a choice about who should control power over States’ action in issues of public importance – the States who have created the system, or international investment tribunals who have shaped the legal development of the system. This paper considers the application of the rule of law as a normative meta-principle to international investment law and its dispute settlement, and it sheds light on different perspectives of this concept, as they shape the ongoing ISDS reform(s).
AB - Public and political controversies over Investor–State Dispute Settlement (ISDS) have prompted reform processes in international investment law, at bilateral, regional and multilateral levels, with different actors shaping the future of international investment governance. In its essence, the options for the ISDS reform reflect the diverging perspectives on the rule of law in international law. Ultimately, they present a choice about who should control power over States’ action in issues of public importance – the States who have created the system, or international investment tribunals who have shaped the legal development of the system. This paper considers the application of the rule of law as a normative meta-principle to international investment law and its dispute settlement, and it sheds light on different perspectives of this concept, as they shape the ongoing ISDS reform(s).
KW - international investment law
KW - Investor-State dispute settlement (ISDS) reform
KW - Multilateral Investment Court
KW - International investment law
KW - Investor-State Dispute Settlement (ISDS) reform
UR - https://www.cambridge.org/core/journals/european-journal-of-risk-regulation/article/reform-of-international-investment-law-whose-rule-of-law/1510FCDDE7FBD96D10FA6FD56AE77C98
UR - http://www.scopus.com/inward/record.url?scp=85192195579&partnerID=8YFLogxK
U2 - 10.1017/err.2024.28
DO - 10.1017/err.2024.28
M3 - Article
SN - 1867-299X
SP - 1
EP - 17
JO - European Journal of Risk Regulation
JF - European Journal of Risk Regulation
ER -