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Comments On Judicial Independence And Impartiality In Isds: A Paper Prepared For The Uncitral Working Group Iii, Gus Van Harten, Pavla Křístková
Comments On Judicial Independence And Impartiality In Isds: A Paper Prepared For The Uncitral Working Group Iii, Gus Van Harten, Pavla Křístková
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This paper was prepared in support of the mandate of Working Group III to consider the possible reform of investor-state dispute settlement (ISDS) for reasons of independence and impartiality. It outlines the deep flaws in the current design of ISDS on this issue and offers ideas about reforms to incorporate essential safeguards
A Case For An International Investment Court, Gus Van Harten
A Case For An International Investment Court, Gus Van Harten
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The article elaborates on the lack of objective guarantees of independence and impartiality in the existing system of investment treaty arbitration. This founds a case for an international investment court to replace the existing system. The argument proceeds in three steps: (1) investment treaty arbitration is uniquely a form of public law adjudication, constituted at the international level; (2) as constituted it does not satisfy standards of independence and impartiality in public law adjudication; and (3) various reasons that might be offered to justify this failing are unsatisfactory in light of the importance of these standards. For this reason, states …