Journal Article

‘We Have Met The Enemy And He Is US!’ Is the industrialized North ‘Going South’ on investor–State arbitration?

Charles N. Brower and Sarah Melikian

in Arbitration International

Published on behalf of The London Court of International Arbitration

Volume 31, issue 1, pages 19-26
Published in print March 2015 | ISSN: 0957-0411
Published online April 2015 | e-ISSN: 1875-8398 | DOI: https://dx.doi.org/10.1093/arbint/aiv019
‘We Have Met The Enemy And He Is US!’ Is the industrialized North ‘Going South’ on investor–State arbitration?

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This article examines the recent trend among some states to denounce the ICSID Convention or terminate or critically review their bilateral investment promotion and protection treaties against the backdrop of the 1970s New International Economic Order (NIEO). After providing an overview of the original NIEO, an idea many considered defeated with the rise of bilateral and multilateral investment treaties, the authors explain why the international community should be concerned with the recent emergence of a ‘NEO-NIEO’, led in part by the original movement’s critics.

KEY REFERENCES

1Permanent sovereignty over natural resources, United Nations General Assembly Resolution 1803 (XVII) (1962) 2Declaration on the Establishment of a New International Economic Order, United Nations General Assembly Resolution 3201 (S-VI) (1974) 3Charter of Economic Rights and Duties of States, United Nations General Assembly Resolution 3281 (XXIX) (1974) 4US Model Bilateral Investment Treaty (2012)

Journal Article.  3641 words. 

Subjects: Arbitration ; Company and Commercial Law ; Competition Law ; Employment and Labour Law ; Settlement of Disputes

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