Chapter

The Future of International Investment Law: A Balance Between the Protection of Investors and the States’ Capacity to Regulate

Brigitte Stern

in The Evolving International Investment Regime

Published in print April 2011 | ISBN: 9780199793624
Published online May 2011 | e-ISBN: 9780199895205 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199793624.003.0013
The Future of International Investment Law: A Balance Between the Protection of Investors and the States’ Capacity to Regulate

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This chapter discusses three topics that emerged as the core points of focus during this year's Columbia International Investment Conference. The first topic is the so-called crisis of the international investment law and policy system, and is, first, looked at from the perspective of the past; second, explained in terms of the new face of investment arbitration (which is emerging from the disjoined consents of the parties evident in the International Centre for Settlement of Investment Disputes (ICSID) case law); and third, evaluated on the basis of the existing state of affairs. The second topic is the respective roles of the different actors of the system. Here, the focus is on the present, and the main issue addressed is the role that is or could be played by some of the relevant actors of the system, i.e., arbitrators and nongovernmental organizations (NGOs). Finally, the third topic is the need to balance the interests of stakeholders in the system, and is discussed with an eye looking toward the hoped-for future.

Keywords: Columbia International Investment Conference; international investment law; investment arbitration; stakeholder interests

Chapter.  9056 words. 

Subjects: Public International Law

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