Title: Analysis of Some Key Events to Date: Their Meaning and Significance
Abstract: The selected cases detailed in the previous chapter highlight some of the key issues international investment law arbitral tribunals face when dealing with allegations of foreign investor misconduct and are noteworthy because of the facts of each case and their outcomes which have developmentally added to case law. One of the main underlying ideas of this study is that how tribunals approach and resolve the various issues they confront serves an important basis for the development of legal constructions and thus their further improvement. The present author does not of course claim any novelty of this approach, indeed, from the very first codification of legal rules the application of the law in actual cases has been viewed and used as a pivotal element driving further development of the law. Such real-world applications of law do not, however, automatically transform into further improvements as this requires an in-depth analysis which allows drafters and practitioners to comprehend what has transpired and, based upon that understanding, form a vision of further improvements that could be implemented to improve the system. One needs to bear in mind that what constitutes a desired improvement will vary depending on the individual vision of future goals. For example, a goal to make the response to foreign investor misconduct more balanced requires different changes when compared with what is required to pursue any attempt to make foreign investors more responsible for upholding, or even promoting, environmental, labour and human rights standards in host States. Irrespective of the individual vision though, any suggested improvements require the clearest possible understanding of what needs to be achieved and how the system will function after the suggested improvement is implemented. The determination of that which needs to be improved in international investment law lies in the hands of the contracting States. The subsequent and concluding Chap. 6 will consider the aims for the improvements of the international investment law with a view to addressing foreign investor misconduct. Before dealing with the aims though, this current chapter will analyse the import of some of the key events witnessed in international investment law when dealing with foreign investor misconduct.
Publication Year: 2020
Publication Date: 2020-11-13
Language: en
Type: book-chapter
Indexed In: ['crossref']
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Cited By Count: 1
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