Travaux Préparatoires and the Legitimacy of Investor-State Arbitration
Article from: TDM 1 (2014), in Reform of Investor-State Dispute Settlement
The investor-state arbitration system, still in its relative infancy, is not indefectible. But neither is it flawed to the extent that callers for its wholesale abolition need be given disproportionate prominence. As a community of users, participants, and observers of the system, we should be seeking to debate and propose structural tweaks with a scalpel, not with a sledgehammer. This article proposes one such tweak, which, the authors submit, will enhance the legitimacy of the investor-state system without the need for across-the-board reform. It is trite to state that consent ...