Withdrawal of State' Consent to ICSID Arbitration, Perspectives from the Bolivian and Ecuadorian cases
Article from: TDM 4 (2009), in Latin America
States have argued that in practice "some treaties are negotiated too hastily and without detailed considerations of their implications". The rules on foreign investment are likely to reach segments of domestic law which belonged to the "domaine reserve" of a State. International investment law, as a body of international rules that governs the relations between a host State and foreign investors, is conceived as a threat to the capacity of States to produce their own investment legislation, and for national courts to elucidate public interests disputes. The preservation ...