Dispute Resolution in Investment Treaties: Balancing the Rights of Investors and Host States

Journal of World Trade 49, no. 1 (2015): 85–116

36 Pages Posted: 28 Mar 2016

See all articles by Razeen Sappideen

Razeen Sappideen

Western Sydney University, School of Law

Ling Ling He

University of Southern Queensland - School of Law

Date Written: March 26, 2016

Abstract

Bilateral and multilateral investment treaties permit investors to bypass the courts of their host States and have their investment disputes resolved through arbitration. Challenges e.g., by Phillip Morris to the Australian government plain packaging of cigarettes legislation, has caused a rethink of the appropriateness of arbitration as the means of resolving investor state disputes. New and better ways of balancing the rights of States to legislate in the public interest of their citizens on the one hand, and protecting investor property rights on the other are being sought out. This paper argues that the preferred way of achieving this needed balance is through the enactment of a general exception in the form of Article XX of GATT and Article XIV of GATS, which is incorporated into an international convention, and made applicable by incorporation to all bilateral and multilateral investment agreements.

Suggested Citation

Sappideen, Razeen and He, Ling Ling, Dispute Resolution in Investment Treaties: Balancing the Rights of Investors and Host States (March 26, 2016). Journal of World Trade 49, no. 1 (2015): 85–116, Available at SSRN: https://ssrn.com/abstract=2755156

Razeen Sappideen (Contact Author)

Western Sydney University, School of Law ( email )

Locked Bag 1797
Penrith, NSW 2751
Australia

Ling Ling He

University of Southern Queensland - School of Law ( email )

P.O.Box 238 Darling Heights
Toowoomba, Queensland 4350
Australia

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