Legitimacy, Evolution, and Growth in Investment Treaty Arbitration

55 Pages Posted: 17 Dec 2015 Last revised: 19 May 2020

See all articles by Daniel Behn

Daniel Behn

Queen Mary University of London; PluriCourts University of Oslo

Date Written: February 1, 2015

Abstract

The legitimacy debates surrounding investment treaty arbitration are intensifying. At the same time, the number of claims filed continues on a growth trajectory. Some commentators believe that the practice of investment treaty arbitration will evolve over time; and as the regime evolves, many - if not all - of the its claimed legitimacy deficits will be resolved. This Article will test this evolutionary thesis by empirically evaluating investment treaty arbitration cases that have been fully or partially resolved in the last three years (September 2011 through September 2014) in order to assess the extent to which the regime is - in fact - evolving and whether the empirical evidence supports or contradicts many of the legitimacy critiques currently lodged against the regime. Special attention will be placed on assessing issues of diversity and the fair distribution of claims.

Keywords: Legitimacy, Evolution, Growth, Investment Treaty Arbitration

Suggested Citation

Behn, Daniel, Legitimacy, Evolution, and Growth in Investment Treaty Arbitration (February 1, 2015). Georgetown Journal of International Law, Vol. 46, No. 2, 2015, Available at SSRN: https://ssrn.com/abstract=2704332

Daniel Behn (Contact Author)

Queen Mary University of London ( email )

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PluriCourts University of Oslo ( email )

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Oslo, 0130
Norway
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HOME PAGE: http://bit.ly/pluricourts-behn

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