The Return of the Home State to Investor-State Disputes

Bringing Back Diplomatic Protection?

Inbunden, Engelska, 2019

Av Rodrigo Polanco, Switzerland) Polanco, Rodrigo (Universitat Bern

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This book advances the idea that in order to address some of the criticisms against investor-state dispute settlement, a large majority of states have taken a 'normative' strategy, negotiating or amending investment treaties with provisions that potentially give more control and greater involvement to the contracting parties, and notably the home state. This is particularly true of agreements concluded in the past fifteen years. At the same time, there is a potential revival of the 'remnants' of diplomatic protection that are embedded in investment treaties since the beginning of the system. But why is the home state being brought back into a domain from which it was expressly excluded several decades ago? Why would a home state be interested in intervening in these conflicts? Is this 'new' role of the home state in foreign investment disputes a 'return' to diplomatic protection of its nationals, or are we witnessing something different?

Produktinformation

Utgivningsdatum2019-01-10
Mått157 x 235 x 23 mm
Vikt650 g
FormatInbunden
SpråkEngelska
SerieCambridge International Trade and Economic Law
Antal sidor372
FörlagCambridge University Press
ISBN9781108473385

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Rodrigo Polanco is a Senior Researcher and Lecturer at the World Trade Institute, Universität Bern, Switzerland, a Postdoctoral Researcher at the Universität Luzern, and a Visiting Professor at the Institute of International Studies at the University of Chile. He is also a former Assistant Professor of International Economic Law at the University of Chile, Faculty of Law, where he also served as the Director of International Affairs.

Introduction; 1. The age of diplomatic protection of foreign investors; 2. The rise and backlash against investor-state arbitration; 3. Home states and the prevention of investment disputes; 4. Home state role in ISDS together with the host state; 5. Unilateral home state participation in ISDS; 6. Current and future role of diplomatic protection in investment disputes; 7. Home state limitations on diplomatic protection; Conclusion.

'Whilst the role the state in the current debate on ISDS focuses on the role of host states, Rodrigo Polanco brilliantly reverses the prospect. Rigorously researched, the thorough legal analysis addresses the policy factors involved with a highly balanced sensibility. An essential read for all those who wish to acquire an intelligent and comprehensive view on the legitimacy and the prospects for reform of ISDS at the time of sovereignism.' Attila M. Tanzi, Università di Bologna and Associate Member of 3VB Chambers