Investor-state arbitration : the changing landscape

He, Ling Ling ORCID: (2012) Investor-state arbitration : the changing landscape. In: 2012 Australian and New Zealand Society of International Law and Asian Society of International Law Joint Conference on International law and Justice, 25-26 Oct 2012, Sydney, Australia.

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Countries compete with each other to attract foreign investment for a number of reasons. In addition to the economic benefits that an infusion of new capital brings into the country's economy and the prospect of new employment opportunities, foreign investment also results in the introduction of new technology and with it increased competition into and out of the economy. Prior to the 1994 WTO Agreements, cross-border investment was mainly by developed world capital exporting countries such as the United States, United Kingdom, Germany, France, and Japan. Their main concern was protection of the capital investments made by their multinational entities from expropriation, as well as their ability to repatriate profits against laws enacted by developing country host nations. Partly prompted by this, the WTO agreements provide for dispute settlement through a process of consultation, mediation, and arbitration outside the framework of home and host country laws. Alongside the WTO agreements, developing countries also entered into many regional trade agreements at the behest of the advanced western economies. These new regional trade agreements also provided for trade disputes to be settled through the arbitration process outside of national courts. However, the accompanying benefits of trade have at the same time enabled larger developing world economies such as Brazil, Russia, India, and China (BRIC) to also become capital exporters, some of it into developed economies, thereby making inflows and outflows of foreign investment a two-way process. The latter, alongside the realisation that multinational entities of whatever ilk can effectively challenge laws enacted by a host nation for the welfare of its citizens, has caused developed and developing nations to rethink their strategy of dispute settlement systems outside the national legal system. This paper evaluates this journey in foreign investor dispute settlement.

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Item Type: Conference or Workshop Item (Commonwealth Reporting Category E) (Paper)
Refereed: Yes
Item Status: Live Archive
Faculty/School / Institute/Centre: Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013)
Faculty/School / Institute/Centre: Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013)
Date Deposited: 25 Sep 2014 06:25
Last Modified: 06 Feb 2017 00:05
Uncontrolled Keywords: dispute resolution; foreign investment
Fields of Research (2008): 15 Commerce, Management, Tourism and Services > 1503 Business and Management > 150308 International Business
14 Economics > 1402 Applied Economics > 140202 Economic Development and Growth
18 Law and Legal Studies > 1801 Law > 180117 International Trade Law
Fields of Research (2020): 35 COMMERCE, MANAGEMENT, TOURISM AND SERVICES > 3507 Strategy, management and organisational behaviour > 350706 International business
44 HUMAN SOCIETY > 4404 Development studies > 440499 Development studies not elsewhere classified
48 LAW AND LEGAL STUDIES > 4803 International and comparative law > 480308 International trade and investment law
Socio-Economic Objectives (2008): B Economic Development > 91 Economic Framework > 9103 International Trade > 910303 Trade Policy

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