The Return of the Home State to Investor-State Disputes: Bringing Back Diplomatic Protection?

Polanco, Rodrigo Javier (2019). The Return of the Home State to Investor-State Disputes: Bringing Back Diplomatic Protection? Cambridge International Trade and Economic Law Series. Cambridge: Cambridge University Press 10.1017/9781108628983

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This book advances the idea that in order to address some of the criticisms against investor-state dispute settlement, a large majority of states have taken a 'normative' strategy, negotiating or amending investment treaties with provisions that potentially give more control and greater involvement to the contracting parties, and notably the home state. This is particularly true of agreements concluded in the past fifteen years. At the same time, there is a potential revival of the 'remnants' of diplomatic protection that are embedded in investment treaties since the beginning of the system. But why is the home state being brought back into a domain from which it was expressly excluded several decades ago? Why would a home state be interested in intervening in these conflicts? Is this 'new' role of the home state in foreign investment disputes a 'return' to diplomatic protection of its nationals, or are we witnessing something different?

Item Type:

Book (Monograph)

Division/Institute:

02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

UniBE Contributor:

Polanco, Rodrigo Javier

Subjects:

300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation

ISBN:

9781108628983

Series:

Cambridge International Trade and Economic Law Series

Publisher:

Cambridge University Press

Language:

English

Submitter:

Corinne Karlaganis

Date Deposited:

26 Sep 2019 14:54

Last Modified:

26 Sep 2019 14:54

Publisher DOI:

10.1017/9781108628983

Related URLs:

Additional Information:

Überarbeitete Dissertation Universität Bern, 2015

URI:

https://boris.unibe.ch/id/eprint/133289

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