Host States and State-State Investment Arbitration: Strategies and Challenges

Authors

DOI:

https://doi.org/10.5102/rdi.v14i2.4648

Keywords:

International Investment Law, State-State Arbitration, Investment Treaties, Host States, BITs.

Abstract

The article aims at discussing whether State-State arbitration in foreign investments is an available strategy to host States. It revises the language of investment treaty provisions and inter-state arbitral awards and then analyses cases and treaty-making practice. This article concludes that the possibility of State-State arbitration is not a backlash. It constitutes an additional opportunity for host States to advance their understanding of the treaties and to provide balance to investment treaty commitments. While State-State arbitration may be a viable strategy, there are some challenges that need to be overcome. The definition of the term dispute, the obligation to consult on the meaning of provisions and the establishment of a clear hierarchy between State-State awards in relation to investor-State awards are some of the ways forward.

Author Biography

  • Murilo Otávio Lubambo de Melo, University College London
    Murilo Lubambo is a teaching fellow and PhD candidate at University College London, Faculty of Laws. Funded by the CAPES Foundation, his research aims at exploring the fascinating interaction between international trade law and international investment law in light of new trends. He graduated from the Faculty of Law of Recife and holds an LLM in Competition Law. In 2016, he carried out research work as a Visiting Assistant at Yale University. For seven years, he worked in the Ministry of Justice and Finance of Brazil with competition, investment and trade negotiations. He is the tutor of Private International Law and contributes with courses such as International Law of Foreign Investments and Competition Law and Intellectual Property Rights.

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Published

2017-10-31

Issue

Vol. 14 No. 2 (2017): Direito Internacional dos Investimentos / International Investment Law

Section

Dossiê Temático: Direito Internacional dos Investimentos / International Investment Law

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How to Cite

Host States and State-State Investment Arbitration: Strategies and Challenges. (2017). Brazilian Journal of International Law, 14(2). https://doi.org/10.5102/rdi.v14i2.4648