The Abiding Role of State-State Engagement In the Resolution of Investor-State Disputes
Article from: TDM 1 (2014), in Reform of Investor-State Dispute Settlement
Introduction
In Part I of this paper the authors discuss the role State-to-State interaction can play when the host State in an investment dispute resists enforcing an arbitral award against it or resists going to arbitration in the first place. In Part II, the possible interplay between State-State dispute settlement mechanisms and investor-State dispute settlement mechanisms and, in particular, how the former might be used to advance an investor's objectives in the latter is discussed. The paradigm we have in mind here is a State-State dispute settlement proceeding in the WTO, ...