Khalique, Muhammad Abdul (2024) Identifying Problems of International Investment Law (IIL) and Evaluating the Focus of Reform Initiatives. ACTA HUMANA: HUNGARIAN CENTRE FOR HUMAN RIGHTS PUBLICATIONS, 12 (2). pp. 105-121. ISSN 0866-6628
|
Text
07_Khalique_105-121.pdf Download (187kB) | Preview |
Abstract
The normative structure of international investment law is highly asymmetrical. Generally, current IIAs grant investors significant substantive and procedural rights, while States and affected communities often lack equivalent safeguard. In recent years, scholars have critcised and identified many problems including human rights concerns ingrained in the international investment law framework. The States and other stakeholders also raised many concerns regarding international investment agreements and investor-State dispute settlement. Moreover, there’s agreement on the need for comprehensive reform of IIL to make ISDS effective. Yet, issues with ISDS go beyond systemic flaws, also entrenched in substantive deficiencies in existing IIAs. Furthermore, the current legitimacy crisis provides a unique chance to amend the international IIAs comprehensively. However, the WGIII and ICSID reform initiative primarily focuses on procedural aspects of ISDS, avoiding substantive issues raised by various stakeholders. While procedural reforms are essential, resolving substantive issues is equally necessary.
Item Type: | Article |
---|---|
Uncontrolled Keywords: | reform; international investment law; investor-State dispute settlement; UNCITRAL; WGIII; ICSID; |
Subjects: | K Law / jog > K Law (General) / jogtudomány általában |
SWORD Depositor: | MTMT SWORD |
Depositing User: | MTMT SWORD |
Date Deposited: | 12 Jul 2024 11:39 |
Last Modified: | 12 Jul 2024 11:39 |
URI: | https://real.mtak.hu/id/eprint/200041 |
Actions (login required)
![]() |
Edit Item |