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

This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.

List 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.

About the author

Rodrigo Polanco is Senior Lecturer and Researcher at the World Trade Institute and Legal Advisor at the Swiss Institute of Comparative Law, Switzerland.

Summary

Investment treaties have become highly controversial because they allow investors to sue host states outside domestic courts. This book explores how recent changes to that system involving the home state of the investor are mostly aimed to minimise states exposure to investment claims, and not necessarily to protect foreign investors.

Product details

• Authors: Rodrigo Polanco, Rodrigo (Universitat Bern Polanco
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 31.12.2018
• EAN: 9781108473385
• ISBN: 978-1-108-47338-5
• No. of pages: 372
• Series: Cambridge International Trade and Economic Law; Cambridge International Trade; Cambridge International Trade and Economic Law
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / International, Arbitration, mediation & alternative dispute resolution, International economic & trade law, Arbitration, mediation and alternative dispute resolution, Public international law: economic and trade