Search results for "Bilateral investment treaty"
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Recent Developments in International Investment Law
2016
International investment law remains a fast evolving and vibrant field of law with ongoing and recently-concluded investment treaty negotiations continually altering the status quo. It is a system at a crossroads of reform, generally focused on safeguarding the right of the host state to regulate and on improving the investor-state dispute settlement (ISDS) mechanism. But reform may also come into play in more far-reaching ways and significant changes are likely to see the day in the near future. One such change concerns the institutional architecture of the resolution of investment disputes, with the possible establishment of a permanent investment court and/or the introduction of an appel…
Using GATS Article II to Resort to Investment Arbitration
2020
It is widely known that links between international investment law and World Trade Organization (WTO) rules—which are part of competition law at the global level—are numerous. But is it possible to use a WTO rule to resort to investment arbitration? This is what a corporation from Luxembourg attempted to do recently as a consequence of a dispute arising from an investment made in the airport sector in Senegal. Since Luxembourg had no investment treaty with the investor’s host state, the claimant sought to establish the jurisdiction of an investment tribunal by combining the most-favoured-nation clause provided in General Agreement on Trade in Services (GATS) Article II and the investor-stat…