The Sixth Path: Reforming Investment Law from Within
Article from: TDM 1 (2014), in Reform of Investor-State Dispute Settlement
In this paper the author sketches out a sixth path for investment law reform that is based on a system-internal reconceptualization of investor-State arbitration as a form of public law-based judicial review. It can be reformed, the author argues, by arbitrators and parties making increasing use of comparative public law methodology that allows them to draw on the experience of more sophisticated systems of public law adjudication at the national and international level without the need for institutional reform to investor-State arbitration. First the benefits of the existing system of ...