Jump to ContentJump to Main Navigation
The Evolving International Investment RegimeExpectations, Realities, Options$
Users without a subscription are not able to see the full content.

Jose E. Alvarez and Karl P. Sauvant

Print publication date: 2011

Print ISBN-13: 9780199793624

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199793624.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 18 July 2018

On the Perceived Inconsistency in Investor-State Jurisprudence

On the Perceived Inconsistency in Investor-State Jurisprudence

(p.60) 1.4 On the Perceived Inconsistency in Investor-State Jurisprudence
The Evolving International Investment Regime

Stanimir A. Alexandrov

Oxford University Press

Of the various criticisms that have been lodged against the existing system of investor-state dispute resolution, one of the more recurrent has been the charge of inconsistency. It is sometimes said that certain decisions reached by various tribunals in such disputes are in fundamental tension with one another, or even wholly irreconcilable. This chapter argues that this claim is overwrought. The critics who dwell on language that appears to set a higher or lower legal standard for liability in tribunals' awards often overlook far more notable, and consequential, differences in the facts of various cases. Commentators who decry differing applications of common legal principles sometimes fail to notice significant differences in the texts of the treaties establishing those principles. Further, certain decisions frequently cited as examples of inconsistent reasoning may in fact have more in common than is generally recognized. When one considers these points, the apparent inconsistencies in investor-state case law become notably less troubling, insofar as they are troubling at all.

Keywords:   international investments, foreign investments, dispute resolution, investor-state case law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .