The Return of the Home State to Investor-State Disputes

Rodrigo Polanco

ISBN 10: 1108473385 / ISBN 13: 9781108473385

Published by Cambridge University Press, 2019

About this Item

Druck auf Anfrage Neuware - Printed after ordering - 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.

Seller Inventory # 9781108473385

Bibliographic Details

• Title: The Return of the Home State to Investor-State Disputes
• Publisher: Cambridge University Press
• Publication Date: 2019
• Language: English
• ISBN 10: 1108473385
• ISBN 13: 9781108473385
• Binding: Buch
• Condition: Neu
• Dimensions: 235W x 157H x 25D millimeters 235 millimeters width by 157 millimeters height by 25 millimeters depth
• Weight: 692 grams

About this title

Synopsis

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?

About the Author

Rodrigo Polanco is a Senior Researcher and Lecturer at the World Trade Institute, Universität Bern, Switzerland, a Postdoctoral Researcher at the Universität Luzern, and a Visiting Professor at the Institute of International Studies at the University of Chile. He is also a former Assistant Professor of International Economic Law at the University of Chile, Faculty of Law, where he also served as the Director of International Affairs.