Rebalancing international investment agreements in favour of host states: Is it time for a regional investment court?

Abstract

Purpose

The purpose of this study is to examine the nature of the protection afforded to foreign investors and whether this protection has been exercised to the detriment of host states. In other words, is the regulatory authority of host states being compromised by the content of the investment agreements entered into? If so, is there scope for reform? The need to reform investor-state arbitration was recently pushed forward by the European Union Commission in the Transatlantic Trade and Investment Partnership.

Design/methodology/approach

It is conceptual.

Findings

It proposed an investment court system as a replacement for investor-state arbitration. However, there is great ambivalence on whether these reforms would result in a rebalance of investment agreements in favour of host states. Thus, this paper provides a range of solutions to the challenges posed by investor-state arbitration through proposals for a regional and world investment court.

Research limitations/implications

The findings made in this research will inform both academics and practitioners in the field of international law on whether the investment court proposal will bring about the desired changes.

Originality/value

Secondary sources

Citation

Dickson, M.O. (2018), "Rebalancing international investment agreements in favour of host states: Is it time for a regional investment court?", International Journal of Law and Management, Vol. 60 No. 2, pp. 452-469. https://doi.org/10.1108/IJLMA-01-2017-0007