Law Commons^™

The Regulation Of Investment In The Tpp - Towards A Defining International Agreement For The Asia-Pacific Region, Julien Chaisse

Julien Chaisse

The TPP investment chapter resembles in large measure the more recent US IIAs rather than the 1995 text of NAFTA Chapter 11. In a nutshell, the TPP investment chapter does not offer major innovations in terms of treaty drafting. However, the TPP crystallizes most recent innovations since 2001 in terms of NAFTA interpreting notes and also reflects developments in arbitral case-law. The normative quality and geographic scope of the TPP, however, places the agreement among the most detailed and important investment treaties. In this light, it is possible to return to the question raised in the beginning of this chapter …

Reform Of Investor-State Dispute Settlement: Lessons From International Uniform Law, Joshua D H Karton

Joshua Karton

This article argues that significant improvements in the quality and consistency of decision-making in investor-state arbitration can be achieved without taking such drastic (and possibly unachievable) steps as creating a global appellate body or standing international investment court, or enacting a new treaty that codifies the substantive obligations of international investment law for all signatory states. The article draws on the experience of the international uniform law movement to suggest realistic and achievable steps that could nevertheless be effective.

Although investor-state arbitration and uniform law are not entirely analogous, they do share some important similarities. In particular, they share the …