International Law Dissertation Proposal Topic: Does International Commercial Arbitration Accord Sufficient Security and Protection to Private Foreign Investors in the Resolution of Investor/State Disputes? Summary: International commercial arbitration is a voluntary dispute resolution method by which parties to private transnational commercial disputes may resolve their matters independent of national courts.1 The dispute is typically arbitrated by a neutral arbitrator or a panel and is conducted by virtue of either ad hoc arbitration or by virtue of institutional arbitration.2 Investor/state arbitration is distinguished from ordinary international commercial arbitration in that arbitration b…
esolution is usually included in bilateral international treaties (BITs) which are intended to bind treaty states to commitments for protecting investors and their investments against hostile host state conduct in transactions under foreign direct investment (FDI).7 The proposed dissertation will analyse arbitral awards and their underlying decisions relative to investor/state arbitration with a view to identifying and analysing contributions to customary international law and the consequences for resolving investor/state disputes. In particular, the proposed dissertation evaluates the extent to which international commercial arbitration and more especially, ISA, has established or can satisfactorily establish the necessary legal protections for encouraging and facilitating FDIs. The proposed dissertation will argue that although there is no multilateral international legal instrument regulating FDIs and investor-state relations, international customary law and the principle of fair and equitable treatment included in BITs and emerging from investor/state arbitration has contributed to a sufficiently coherent body of law so that investors are accorded the protection necessary for investing abroad. It will be argued that although international arbitration in general including ISA is not regulated by a centralized forum by which binding precedents may be created, the cumulative effect of BITs and ISAs applying and interpreting BITs have resulted in a customs, norms and rules that have established a coherent body of law applicable to standards of treatment expected of host states.8 It will also be argued, however, that despite the emerging coherent body of law, there are challenges to overcome. For example, the different language used in BITs has resulted in arbitrators rending inconsistent or unclear decisions in their interpretation of protective clauses in BITs.9 Outline: In order to support the hypothesis that ISA or international commercial arbitration has contributed to a coherent body of law for promulgating FDIs, the proposed dissertation will be presented as follows: Part I: Introduction. The introduction establishes that over the last 20 years or so, there have been two interesting developments in international commercial transactions: an increase in BITs10 and a decrease in investor/state arbitration.11 The introduction then makes an undertaking that the dissertation will establish that the link between these developments is ISA in that BITs provide for arbitration of investor/state disputes and interpret and apply the level of protection provided for in BITs. Part II: This part of the dissertation ...
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(“International Law Dissertation Example | Topics and Well Written Essays - 750 words”, n.d.)
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(International Law Dissertation Example | Topics and Well Written Essays - 750 Words)
“International Law Dissertation Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.net/other/12251-international-law.
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According to Sornarajah, the mere fact that there has been such an increase in BITs, is a manifestation of the fact that BITs have not been able to create “customary principles of international law” for protecting the movement of foreign capital.4 The doctrine of fair and equitable treatment is particularly important as, scholars have consistently argued that his doctrine has evolved as the core strength of the legal discourse underlying BITs and is the standard by which investor/state disputes are settled.5 The doctrine of fair and equitable treatment is the standard used to assess the behaviour of host governments in relation to their treatment of foreign investors.6 Even so, a working
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. The application of international commercial arbitration cannot be conducted in a vacuum; it must operate with the support of domestic courts, such as in the taking of evidence, or in the conduct of limited review.2 Areas where international commercial arbitration and conflict of laws overlap in the following issues: The arbitration agreement, its validity and scope, extension to non-signatories, termination, formal requirements, evidential aspects, state immunity, and lis pendens concerning arbitration proceedings in parallel courts.3 Subjective and objective arbitrability, including the persons who can become parties to an arbitration agreement, and which disputes may be submitted to arbit
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The topic given to me to complete my final project is “International Law”. Before I start with the project, I would like to give a brief start up plan that I have planned for the Final Project. The basic theme of the final project would be on Law, to be more precise it will have its main emphasis on the International Law.
5 Pages(1250 words)Dissertation
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