Citations (2)


Footnotes (28)



A Case for an International Investment Court

Gus Van Harten

York University - Osgoode Hall Law School

June 30, 2008

Society of International Economic Law (SIEL) Inaugural Conference 2008 Paper

The article elaborates on the lack of objective guarantees of independence and impartiality in the existing system of investment treaty arbitration. This founds a case for an international investment court to replace the existing system. The argument proceeds in three steps: (1) investment treaty arbitration is uniquely a form of public law adjudication, constituted at the international level; (2) as constituted it does not satisfy standards of independence and impartiality in public law adjudication; and (3) various reasons that might be offered to justify this failing are unsatisfactory in light of the importance of these standards. For this reason, states should be encouraged to establish an international investment court in accordance with well-known principles of judicial decision-making. Above all, alternatives to the existing system should be measured against the criteria that typically apply in public law, especially the related principles of openness and independence. Absent these criteria being met, one does not have a system that depoliticizes disputes and subjects them to the rule of law, or that warrants the utmost respect of all parties, above all developing states.

Number of Pages in PDF File: 46

Keywords: International investment court, Investment treaty arbitration, Public law adjudication, International adjudication, Settlement of investment disputes, ICSID

JEL Classification: F02, F10, F13, F14, F15, K33

Open PDF in Browser Download This Paper

Date posted: June 30, 2008 ; Last revised: July 10, 2008

Suggested Citation

Van Harten, Gus, A Case for an International Investment Court (June 30, 2008). Society of International Economic Law (SIEL) Inaugural Conference 2008 Paper. Available at SSRN: http://ssrn.com/abstract=1153424 or http://dx.doi.org/10.2139/ssrn.1153424

Contact Information

Gus Van Harten (Contact Author)
York University - Osgoode Hall Law School ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
416 650 8419 (Phone)

Feedback to SSRN

Paper statistics
Abstract Views: 5,817
Downloads: 1,726
Download Rank: 6,313
Citations:  2
Footnotes:  28

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 0.219 seconds