Access to Justice in International Investment Dispute Settlement in Times of Economic Nationalism: The Case of Swissbourgh Diamond Mines Limited and Others versus The Kingdom of Lesotho
Article from: TDM 2 (2023), in Africa
Abstract
Amidst calls for reforms of investor-state dispute settlement mechanisms, one key question that ought to be asked is whether any approach recommended or adopted seeks to accord justice to the parties. The overarching objective of any dispute settlement system is thus 'access to justice.' The current regime on investor-states dispute settlement and access or denial of justice to the parties has been a subject of debate for a long time now. On the one hand, states are of the view that the current regime accords greater control and protection to investors. On the other hand, investors have ...