Investment Treaty Arbitration and the Development of International Investment Law as a ‘Collective Value System’: A Synopsis of a New Synthesis

Journal of World Investment and Trade, Vol.10, No. 6, pp. 921-935, December 2009

15 Pages Posted: 5 Dec 2011

See all articles by Dr Ahmad Ghouri

Dr Ahmad Ghouri

Sussex Law School, University of Sussex; University of Turku

Date Written: December 1, 2009

Abstract

After a critical account of the development of international investment arbitration (ITA) and ensuing rules of international investment law (IIL), this article examines the emerging design of IIL as a distinct substantive regime on the international plane. This is followed by an analysis of the views of known scholars on the determination of substantive rules of IIL highlighting the controversies within the ITA system. Then, after noting the problems arising out of the conflicting ITA awards and the complicated nexus of state obligations, the article argues that the solution to the ITA systemic problems is in finding a new foundation for the system based on solid substantive rules and collective values. In conclusion, a road map has been advanced for the accomplishment of this collective value system.

Suggested Citation

Ghouri, Ahmad Ali, Investment Treaty Arbitration and the Development of International Investment Law as a ‘Collective Value System’: A Synopsis of a New Synthesis (December 1, 2009). Journal of World Investment and Trade, Vol.10, No. 6, pp. 921-935, December 2009 , Available at SSRN: https://ssrn.com/abstract=1968342

Ahmad Ali Ghouri (Contact Author)

Sussex Law School, University of Sussex ( email )

Falmer
Brighton BN1 9QN
United Kingdom

HOME PAGE: http://www.sussex.ac.uk/lps/internal/people/law/person/337963

University of Turku ( email )

Turku, 20014
Finland

HOME PAGE: http://www.utu.fi

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
162
Abstract Views
877
Rank
331,086
PlumX Metrics