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Investor-State Dispute Settlement and National Courts : Current Framework and Reform Options / by Gabrielle Kaufmann-Kohler, Michele Potestà
(Special Issue. ISSN:25106899)

Publisher	(Cham : Springer International Publishing : Imprint: Springer)
Year	2020
Edition	1st ed. 2020.
Authors	*Kaufmann-Kohler, Gabrielle author Potestà, Michele author SpringerLink (Online service)

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Links to the text	Location	Volume	Call No.	Barcode No.	Status	Comments	ISBN	Printed	Restriction	Reserve
Links to the text	Library Off-campus access			OB00170310		Springer Law and Criminology eBooks (電子ブック)	9783030441647

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Material Type	E-Book
Media type	機械可読データファイル
Size	X, 117 p. 1 illus : online resource
Notes	Scope and objective of this report -- Why investment arbitration and not domestic courts? The origins of the modern investment dispute resolution system, criticism, and future outlook -- The interplay between investor-state arbitration and domestic courts in the existing IIA framework -- The path to reform of ISDS: What role for national courts? -- Conclusions and recommendations Open Access This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States’ current efforts to reform the system. The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the “division of labor” between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals – whatever form(s) the international mechanism for the settlement of investment disputes may take. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement HTTP:URL=https://doi.org/10.1007/978-3-030-44164-7
Subjects	LCSH:Mediation LCSH:Dispute resolution (Law) LCSH:Arbitration (Administrative law) LCSH:International law LCSH:Trade regulation LCSH:International economic relations FREE:Dispute Resolution, Mediation, Arbitration FREE:International Economic Law, Trade Law FREE:International Economics
Classification	LCC:K5459 DC23:347.09
ID	8000068528
ISBN	9783030441647