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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 …