Jump to ContentJump to Main Navigation
Human Rights in International Investment Law and Arbitration$
Users without a subscription are not able to see the full content.

Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, and Francesco Francioni

Print publication date: 2009

Print ISBN-13: 9780199578184

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199578184.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 September 2019

Limits of Commercial Investor-State Arbitration: The Need for Appellate Review

Limits of Commercial Investor-State Arbitration: The Need for Appellate Review

Chapter:
(p.115) 6 Limits of Commercial Investor-State Arbitration: The Need for Appellate Review
Source:
Human Rights in International Investment Law and Arbitration
Author(s):

Jacques Werner

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199578184.003.0006

This chapter explains why investor-state arbitration is often wrongfully likened to international commercial arbitration among private parties. Investor-state arbitrations involve not only private business interests but also public policies of the host state and citizen rights. Arbitral awards on investor-state disputes risk lacking credibility and democratic acceptability if they overrule, in non-transparent proceedings, democratically legitimate government decisions on grounds of investor-state contracts. Similar to the introduction of appellate review in the GATT/WTO dispute settlement system, the transparency, legitimacy, and legal coherence of investor-state arbitration could be enhanced by introduction of an appellate instance.

Keywords:   investor-state arbitration, international commercial arbitration, private business interests, public policies, citizen rights, democratic acceptability, non-transparent proceedings, GATT, WHO, dispute settlement system

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 .