Abstract
This article explores three different approaches in changing the international investment dispute resolution institutional arrangement models. To do this, it first analyses the hegemonic Bilateral Investment Treaties’ system of investor-State arbitration. Then the article focus on critics related to the procedure, regarding jurisdictional issues. Thirdly, it presents three different approaches to change institutional arrangements in the investment dispute resolution system, as the European, the U.S. and the Brazilian approaches.
Highlights
This article explores three different approaches in changing the international investment dispute resolution institutional arrangement models
The clashes of interests between the host State and the foreign investor are mostly solved by arbitration, since that is the most common dispute resolution method adopted by Bilateral Investment Treaties (BIT)
The state that signs a bilaterais de investimento (BIT) aims to guarantee the protection to the international investor who will invest in the host state, and to protect their own national investors who will invest in the other contracting state
Summary
The most important source of international investment law has been the BITs. The Division on Investment and Enterprise of the United Nations Conference on Trade and Development (UNCTAD) says that nowadays there are 2954 BITs, of which 2319 are in force. These bilateral treaties are “designed to provide guarantees for foreign investors from the respective countries”.5 Schreuer emphasizes that “[a]lthough many. The most important source of international investment law has been the BITs. The Division on Investment and Enterprise of the United Nations Conference on Trade and Development (UNCTAD) says that nowadays there are 2954 BITs, of which 2319 are in force.. The Division on Investment and Enterprise of the United Nations Conference on Trade and Development (UNCTAD) says that nowadays there are 2954 BITs, of which 2319 are in force.4 These bilateral treaties are “designed to provide guarantees for foreign investors from the respective countries”.5. The main sources are: (i) Bilateral Investment Treaties; (ii) Multilateral Treaties, like regional agreements or free trade agreements; (iii) case law; (iv) Customary International Law; (v) non-binding Guidelines and Codes of Conduct; and (vi) Investment Contracts. There are ongoing negotiations about some multilateral treaties such as the Comprehensive Economic and Trade Agreement (CETA), a free trade agreement between Canada and the Europe Union with one chapter concerning foreign investment; the TransPacific Partnership (TPP), an agreement between United States, Canada and other 10 countries in the Asia-Pacific Region and the Transatlantic Trade and Investment Partnership (TTIP), a proposal between the United States and Europe Union
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
