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

International Law › Securities

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

By Rodrigo Polanco
Cambridge University Press January 2019

Specifications

ISBN-13
9781108473385
Publisher
Cambridge University Press
Publication
January 2019
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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 intervene 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?

Table of Contents

Introduction
1. The Age of Diplomatic Protection of Foreign Investors
2. The Rise and Backlash against Investor-State Arbitration
3. Home States and the Prevention of Investment Disputes
4. Home State Role in ISDS Together with the Host State
5. Unilateral Home State Participation in ISDS
6. Current and Future Role of Diplomatic Protection in Investment Disputes
7. Home State Limitations on Diplomatic Protection
Conclusion.
HKD 1,525.81 −3%
HKD 1,573.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from International Law

View all
Interpreting the Nuclear Non-Proliferation Treaty
Oxford University Press

Interpreting the Nuclear Non-Proliferation Treaty

Daniel H. Joyner
HKD 554.71
15 Years of the UNESCO Diversity of Cultural Expressions Convention: Actors, Processes and Impact
Hart Publishing

15 Years of the UNESCO Diversity of Cultural Expressions Convention: Actors, Processes and Impact

Beatriz Barreiro Carril; Andrzej Jakubowski; Lucas Lixinski
HKD 1,134.90
Protection of Human Life at Sea in International Law: Rescuing Maritime Migrants
Routledge

Protection of Human Life at Sea in International Law: Rescuing Maritime Migrants

Aphrodite Papachristodoulou
HKD 1,954.55
Research Handbook on International Law and Cities
Edward Elgar Publishing

Research Handbook on International Law and Cities

Helmut Philipp Aust; Janne E. Nijman
HKD 2,950.74
Reimagining the International Legal Order
Routledge

Reimagining the International Legal Order

Vesselin Popovski; Ankit Malhotra
HKD 2,963.35
WTO Ministerial Conferences: Key Outcomes 2nd Edition
Cambridge University Press

WTO Ministerial Conferences: Key Outcomes 2nd Edition

World Trade Organization Secretariat
HKD 1,059.24