Role of Actors and Factors for the Emergence of Contemporary Regime of Investor-State Dispute Settlement
Dispute resolution mechanism happened to be the fundamental aspect of the protectionist discourse of foreign investment. The consistent efforts were rolled out on behalf of international economic organizations such as UNO, OECD and IBRD of World Bank Group for the establishment of an impartial forum for the settlement of investment disputes. The opposite approaches of capital-exporting developed economies and less developed recipients of foreign capital lead certain attempts to failure to build consensus for dispute resolution mechanism relating to foreign investments. The World Bank started its effort for a specialized forum for investor-state dispute settlements in 1961. This effort remained successful in building consensus for exclusive jurisdiction for investment disputes. The members of the World Bank Group adopted the international convention on the settlement of investment disputes between states and nationals of other states, 1965, i.e. ICSID Convention. The paper has concluded that the efforts of international organizations and the large-scale recognition of the ICSID mechanism have ensured the legitimacy of the system.
-
Actors, Factors, Investment, Dispute, Settlement
-
(1) Ali Nawaz Khan
Assistant Professor, University Law College, University of the Punjab, Punjab, Pakistan.
(2) Zaheer Iqbal Cheema
Assistant Professor, University Law College, University of the Punjab, Gujranwala Campus, Punjab, Pakistan.
(3) Jawwad Riaz
Assistant Professor, University Law College, University of the Punjab, Punjab, Pakistan.
- Brower, C. N., & Schill, S. W. (2008). Is arbitration a threat or a boom to the legitimacy of international investment law. Chi. J. Int'l L., 9, 471.
- Brower, C. N., & Steven, L. A. (2001). Who Then Should Judge: Developing the International Rule of Law under NAFTA Chapter 11. Chi. J. Int'l L., 2, 193.
- Garcia, C. G. (2004). All the other dirty little secrets: Investment treaties, Latin America, and the necessary evil of investor-state arbitration. Fla. J. Int'l L., 16, 301.
- Guzman, A. T. (1997). Why LDCs sign treaties that hurt them: Explaining the popularity of bilateral investment treaties. Va. j. Int'l L., 38, 639.
- Head, J. W. (2007). Law and Policy in International Financial Institutions: The Changing Role of Law in the IMF and the Multilateral Developments Banks. Kan. JL & Pub. Pol'y, 17, 194.
- Higgs, R. (1994). The Cold War economy: opportunity costs, ideology, and the politics of crisis. Explorations in Economic History, 31(3), 283-312.
- Houde, M. F., & Yannaca-Small, K. (2004). Relationships between international investment agreements.
- Kaushal, A. (2009). Revisiting history: how the past matters for the present backlash against the foreign investment regime. Harv. Int'l LJ, 50, 491.
- Parra, A. R. (2012). The history of ICSID. OUP Oxford
- QC, S. P. S. (2020). International investment law: reconciling policy and principle. Bloomsbury Publishing.
- Schill, S. W. (2018). The OECD guidelines for multinational enterprises and international investment agreements: converging universes. published in Nicola Bonucci and Catherine Kessedjian (eds), 40, 63-78.
- Sornarajah, M. (1997). Power and justice in foreign investment arbitration. J. Int'l Arb., 14, 103.
- Sornarajah, M. (2014). The role of the BRICS in international law in a multipolar world. In The Rise of the BRICS in the Global Political Economy. Edward Elgar Publishing.
- Van Harten, G. (2010). Five justifications for investment treaties: a critical discussion. Trade L. & Dev., 2, 19.
Cite this article
-
APA : Khan, A. N., Cheema, Z. I., & Riaz, J. (2020). Role of Actors and Factors for the Emergence of Contemporary Regime of Investor-State Dispute Settlement. Global Management Sciences Review, V(IV), 40-47. https://doi.org/10.31703/gmsr.2020(V-IV).05
-
CHICAGO : Khan, Ali Nawaz, Zaheer Iqbal Cheema, and Jawwad Riaz. 2020. "Role of Actors and Factors for the Emergence of Contemporary Regime of Investor-State Dispute Settlement." Global Management Sciences Review, V (IV): 40-47 doi: 10.31703/gmsr.2020(V-IV).05
-
HARVARD : KHAN, A. N., CHEEMA, Z. I. & RIAZ, J. 2020. Role of Actors and Factors for the Emergence of Contemporary Regime of Investor-State Dispute Settlement. Global Management Sciences Review, V, 40-47.
-
MHRA : Khan, Ali Nawaz, Zaheer Iqbal Cheema, and Jawwad Riaz. 2020. "Role of Actors and Factors for the Emergence of Contemporary Regime of Investor-State Dispute Settlement." Global Management Sciences Review, V: 40-47
-
MLA : Khan, Ali Nawaz, Zaheer Iqbal Cheema, and Jawwad Riaz. "Role of Actors and Factors for the Emergence of Contemporary Regime of Investor-State Dispute Settlement." Global Management Sciences Review, V.IV (2020): 40-47 Print.
-
OXFORD : Khan, Ali Nawaz, Cheema, Zaheer Iqbal, and Riaz, Jawwad (2020), "Role of Actors and Factors for the Emergence of Contemporary Regime of Investor-State Dispute Settlement", Global Management Sciences Review, V (IV), 40-47
-
TURABIAN : Khan, Ali Nawaz, Zaheer Iqbal Cheema, and Jawwad Riaz. "Role of Actors and Factors for the Emergence of Contemporary Regime of Investor-State Dispute Settlement." Global Management Sciences Review V, no. IV (2020): 40-47. https://doi.org/10.31703/gmsr.2020(V-IV).05