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Drawing The Right Lessons From Icsid Jurisprudence On The Doctrine Of Necessity, Amin George Forji
Drawing The Right Lessons From Icsid Jurisprudence On The Doctrine Of Necessity, Amin George Forji
Amin George Forji
Bilateral investment treaties (BITs) and the International Centre for the Settlement of Investment Disputes (ICSID) have over the years injected an important dynamic into public international law, that is, the replacement of a political remedy (peaceful cooperation amongst nations) by a legal one (settlement of investment disputes). The institution of ICSID and the revision of BITs in line with its rules have opened the way for direct investors’ claims and investor-state arbitration. The obvious implication of a compulsory arbitration provision is that it has made up for many shortcomings of the diplomatic protection mechanism with, “the potential for an individual …