International Journal of Scientific and Research Publications

IJSRP, Volume 4, Issue 11, November 2014 Edition [ISSN 2250-3153]


Legitimacy Crisis in Investor – State International Arbitration System: A Critique on the Suggested Solutions & the Proposal on the Way Forward.
      Julius Cosmas
Abstract: In recent years, investor – state arbitration system (ISA) has received a lot of attention and criticism in academic writings. A section of stakeholders have labelled this system as machinery for advancing foreign investors interests at the expense of the host state interests. It is contended that the system is overshadowed with flaws and lacks the necessary values of a legitimate adjudicative system. The often cited flaws in the system includes: lack of mechanism to avoid inconsistent decisions, lack of rules to ensure impartial and independent adjudication process, confidentiality of proceedings despite the fact that the disputes are public in nature and expensive adjudication process. Furthermore the system is condemned for encroaching on governments’ regulatory powers.

Reference this Research Paper (copy & paste below code):

Julius Cosmas (2018); Legitimacy Crisis in Investor – State International Arbitration System: A Critique on the Suggested Solutions & the Proposal on the Way Forward.; Int J Sci Res Publ 4(11) (ISSN: 2250-3153). http://www.ijsrp.org/research-paper-1114.php?rp=P353359
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