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Diplomatic Protection$
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Chittharanjan F. Amerasinghe

Print publication date: 2008

Print ISBN-13: 9780199212385

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199212385.001.0001

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The Effect of Investment Treaties and of International Investment Law

The Effect of Investment Treaties and of International Investment Law

(p.334) 17 The Effect of Investment Treaties and of International Investment Law
Diplomatic Protection

Chittharanjan F. Amerasinghe

Oxford University Press

This chapter explores the effect of investment treaties and international investment law on the law of diplomatic protection. Specifically, it discusses the articles of International Centre for Settlement of Investment Disputes (ICSID) and the bilateral investment treaty (BIT). ICSID procedures for the settlement of disputes are frequently used in investment disputes and provide an alternative to diplomatic protection favoured by national States and their nationals. BITs incorporate different forms of arbitration for the settlement of investor-State disputes. Several treaties refer to different kinds of arbitration to which parties may agree. They also provide that in the absence of agreement between the parties on this matter the dispute shall be settled by arbitration according to a particular one of the mentioned forms.

Keywords:   diplomatic protection, International Convention on the Settlement of Investment Disputes, bilateral investment treaty

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