Chapter

The Effect of Investment Treaties and of International Investment Law

Chittharanjan F. Amerasinghe

in Diplomatic Protection

Published in print February 2008 | ISBN: 9780199212385
Published online January 2009 | e-ISBN: 9780191707230 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780199212385.003.0017

Series: Oxford Monographs in International Law

 The Effect of Investment Treaties and of International Investment Law

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This chapter explores the effect of investment treaties and international investment law on the law of diplomatic protection. Specifically, it discusses the articles of International Centre for Settlement of Investment Disputes (ICSID) and the bilateral investment treaty (BIT). ICSID procedures for the settlement of disputes are frequently used in investment disputes and provide an alternative to diplomatic protection favoured by national States and their nationals. BITs incorporate different forms of arbitration for the settlement of investor-State disputes. Several treaties refer to different kinds of arbitration to which parties may agree. They also provide that in the absence of agreement between the parties on this matter the dispute shall be settled by arbitration according to a particular one of the mentioned forms.

Keywords: diplomatic protection; International Convention on the Settlement of Investment Disputes; bilateral investment treaty

Chapter.  4321 words. 

Subjects: Public International Law

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