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Investor-state dispute settlement an...

Kaufmann-Kohler, Gabrielle.

Investor-state dispute settlement and national courtscurrent framework and reform options /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Investor-state dispute settlement and national courtsby Gabrielle Kaufmann-Kohler, Michele Potesta.
Reminder of title:	current framework and reform options /
Author:	Kaufmann-Kohler, Gabrielle.
other author:	Potesta, Michele.
Published:	Cham :Springer International Publishing :2020.
Description:	x, 117 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
Subject:	Investments, ForeignLaw and legislation.
Online resource:	https://doi.org/10.1007/978-3-030-44164-7
ISBN:	9783030441647$q(electronic bk.)

Investor-state dispute settlement and national courtscurrent framework and reform options /
Kaufmann-Kohler, Gabrielle.

Investor-state dispute settlement and national courtscurrent framework and reform options /[electronic resource] :by Gabrielle Kaufmann-Kohler, Michele Potesta. - Cham :Springer International Publishing :2020. - x, 117 p. :ill., digital ;24 cm. - Special issue,2510-6880. - Special issue..

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.

ISBN: 9783030441647$q(electronic bk.)

Standard No.: 10.1007/978-3-030-44164-7doiSubjects--Topical Terms:

190706
Investments, Foreign
--Law and legislation.

LC Class. No.: K3830 / .K38 2020

Dewey Class. No.: 346.092

Investor-state dispute settlement and national courtscurrent framework and reform options /
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506 $a Open access.
520 $a 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.
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