Author: Iliya Rachkov
Keywords: foreign investments; host states; international investment agreements; international investment arbitration; international investment law; ISDS
The current system of international resolution of disputes between foreign investors and the states hosting their investments needs to undergo reforms. Both the host states and the investors realize that existing mechanism bears a number of risks, namely unexpected consequences from entering into international treaties on foreign investments (e.g. regulatory chill), lack of consistency both in the applicable rules of international law and in the dispute resolution, etc. In this article the author shows three possible options to reform the existing mechanism by distinguishing them depending on how radical they are. The palliative way of reforming suggests solving existing problems without changing the institute as such. The modernizing way suggests adding new elements to the existing model. The radical way of reforming offers a substitution of the existing system by other tools which are more up-to-date, and perhaps more efficient and objective for the resolution of investment disputes. This article is to be continues to deal with the trends of recent years in the area of resolution of disputes between host states and foreign investors.
About the author: Iliya Rachkov – Candidate of Legal Sciences, Associate Professor, International Law, MGIMO University.
Citation: Rachkov I. (2016) Reforma mezhdunarodno-pravovogo uregulirovaniya sporov mezhdu inostrannymi investorami i gosudarstvami [Reforming international resolution of disputes between foreign investors and host states]. Mezhdunarodnoe pravosudie, no.3 (19), pp.118–136. (in Russian).
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