Abstract
In recent decades, international investment law has seen immense development. As a result, the international investment law landscape currently consists of thousands of investment treaties and distinct legal rules of foreign investment protection. At the same time, investment treaty arbitration has become the preferred method for investment dispute resolution resulting in hundreds of cases over the past few decades. It is not surprising, that it has been characterised by prominent scholars as one of the most active and fastest-growing areas of public international law. In the fitting words of Jackson, an attempt to follow the developments in international investment law is as if one is attempting to describe the image out of the window of a train in motion—the events tend to move speedier that one can narrate them.
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Notes
- 1.
See generally UNCTAD (2018), ch 3.
- 2.
- 3.
Jackson in Tietje et al. (2008), p. 5.
- 4.
Bonnitcha et al. (2017), p. 8.
- 5.
ibid.
- 6.
ibid, p. 9.
- 7.
ibid, p. 10.
- 8.
ibid, p. 11.
- 9.
Franck (2009).
- 10.
- 11.
UNCTAD, p. 88.
- 12.
Public Statement on the International Investment Regime (Osgoode Law School, 2010). The statement declares that there is a strong moral as well as policy case for States to withdraw from international investment treaties and to oppose investment treaty arbitration, including by refusal to pay arbitration awards against them where an award for compensation has followed from a good faith measure that was introduced for a legitimate public policy objective.
- 13.
- 14.
- 15.
European Commission (2015).
- 16.
As will be explained later on, Montt failed to completely unfold the concept of the Rule of Law in the domain of investment arbitration. See generally Mont (2009), ch. 3.
- 17.
Franck (2005).
- 18.
Malintoppi (2008).
- 19.
Legal Statement on investment protection and investor-state dispute settlement mechanisms in TTIP and CETA (October 2016).
- 20.
Gaukrodger and Gordon (2012), pp. 17–23.
- 21.
- 22.
- 23.
- 24.
- 25.
European Commission (2016).
- 26.
ibid.
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Dionysiou, K. (2021). Introduction. In: CETA's Investment Chapter. European Yearbook of International Economic Law(), vol 13. Springer, Cham. https://doi.org/10.1007/978-3-030-66992-8_1
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