ICSID Review最新文献

筛选

英文中文

Evidentiary Challenges in the Context of Armed Conflict 武装冲突背景下的证据挑战

ICSID Review Pub Date : 2024-05-18 DOI: 10.1093/icsidreview/siae015

Floriane Lavaud, M. Canneri

引用次数: 0

A New Test Toward Consistency in International Investment Arbitration 国际投资仲裁一致性的新考验

ICSID Review Pub Date : 2024-05-15 DOI: 10.1093/icsidreview/siae008

Wei Sun

{"title":"A New Test Toward Consistency in International Investment Arbitration","authors":"Wei Sun","doi":"10.1093/icsidreview/siae008","DOIUrl":"https://doi.org/10.1093/icsidreview/siae008","url":null,"abstract":"\u0000 The issue of inconsistency in international investment arbitration has become more evident with the proliferation of investment disputes. This article analyzes the value as well as the desired extent of consistency and coherence for investment arbitration, and further proposes a new test that would enhance consistency and foster the development of investment law. By matching the current status of investment arbitration with three identified conditions for the application of stare decisis or jurisprudence constante, this article concludes that strictly applying the doctrines to achieve consistency is neither feasible nor favorable for the investment arbitration regime. Further, while the public nature of this dispute-resolution mechanism requires consistency and coherence, existing attempts and approaches in this regard have significant limitations. As such, this article proposes a soft precedents test to reach a balance between consistency and flexibility. The test requires the tribunals to consider previous cases in good faith when facing the same or similar issues discussed therein, and the core consideration in whether to agree with previous cases is to develop international investment law. It is suggested that this proposed test would help to clarify, enrich and develop the content of the law within the investment arbitration community.","PeriodicalId":518208,"journal":{"name":"ICSID Review","volume":"63 45","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140972296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The 2021 Canadian Model FIPA: More Than Meets the Eye 2021 年加拿大国际投资协定范本：远不止这些

ICSID Review Pub Date : 2024-01-29 DOI: 10.1093/icsidreview/siad032

Céline Lévesque, Christian Schmid

引用次数: 0