Dispute resolution in investment treaties: balancing the rights of investors and host states

Sappideen, Razeen and He, Ling Ling (2015) Dispute resolution in investment treaties: balancing the rights of investors and host states. Journal of World Trade, 49 (1). pp. 85-116. ISSN 1011-6702


Bilateral and multilateral investment treaties permit investors to bypass the courts of their host States and have their investment disputes resolved through arbitration. Challenges e.g., by Phillip Morris to the Australian government plain packaging of cigarettes legislation, has caused a rethink of the appropriateness of arbitration as the means of resolving investor state disputes.
New and better ways of balancing the rights of States to legislate in the public interest of their citizens on the one hand, and protecting investor property rights on the other are being sought out. This paper argues that the preferred way of achieving this needed balance is through the enactment of a general exception in the form of Article XX of GATT and Article XIV of GATS, which is incorporated into an international convention, and made applicable by
incorporation to all bilateral and multilateral investment agreements

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Files associated with this item cannot be displayed due to copyright restrictions.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 30 Oct 2017 01:34
Last Modified: 01 Nov 2017 02:07
Uncontrolled Keywords: dispute resolution; GATT; bilateral agreement; investment; property rights; trade policy; Australia
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180117 International Trade Law
URI: http://eprints.usq.edu.au/id/eprint/33204

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