The Line of Equilibrium: Improving the Legitimacy of Investment Treaty Arbitration Through the Application of the WTO's General Exceptions

Arbitration International, Vol 32:4, 575-587, 2016

18 Pages Posted: 28 Aug 2014 Last revised: 22 Dec 2016

See all articles by David A. Collins

David A. Collins

The City Law School, City, University of London

Date Written: August 27, 2014

Abstract

This article considers the application of the general exceptions of the WTO GATT and GATS to investment arbitration under international investment treaties. It suggests that the designated categories and balancing contemplated by the WTO exceptions, along with its sophisticated and established jurisprudence may offer useful guidance to arbitrators seeking to evaluate public interest exceptions implemented by host states. Improvements to the trade-inspired general exceptions for use in the investment context in order to enhance this exercise are also proposed. Taken together these initiatives may help promote the legitimacy of investment arbitration, a procedure which continues to face criticism for its failure to consider non-economic elements raised during disputes.

Keywords: Investment arbitration, WTO, public interest, investment treaties, general exceptions

Suggested Citation

Collins, David A., The Line of Equilibrium: Improving the Legitimacy of Investment Treaty Arbitration Through the Application of the WTO's General Exceptions (August 27, 2014). Arbitration International, Vol 32:4, 575-587, 2016, Available at SSRN: https://ssrn.com/abstract=2487778 or http://dx.doi.org/10.2139/ssrn.2487778

David A. Collins (Contact Author)

The City Law School, City, University of London ( email )

Northampton Square
London, EC1V OHB
United Kingdom

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