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The Foundations of International Investment LawBringing Theory into Practice$
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Zachary Douglas, Joost Pauwelyn, and Jorge E. Viñuales

Print publication date: 2014

Print ISBN-13: 9780199685387

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199685387.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 07 December 2021

The Balancing (and Unbalancing?) of Interests in International Investment Law and Arbitration

The Balancing (and Unbalancing?) of Interests in International Investment Law and Arbitration

Chapter:
(p.436) (p.437) 14 The Balancing (and Unbalancing?) of Interests in International Investment Law and Arbitration
Source:
The Foundations of International Investment Law
Author(s):

Dr Alex Mills

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199685387.003.0015

This chapter examines the dynamic balancing, rebalancing, and (perhaps) unbalancing of interests which takes place in international investment law (IIL) and arbitration. It first analyses the contention that investment treaty negotiations establish an equilibrium between the states parties, reflecting both their interests and negotiating strengths. It then turns to the system of international investment dispute settlement through arbitration, and explores the ways in which the arbitral process might be said to rebalance or unbalance the equilibrium established between the states parties to the investment treaty. Some of the practical implications of this analysis are then explored by looking at the impact of different approaches to investment treaty interpretation on this question of interest balancing.

Keywords:   international investment law, investment arbitration, investment treaties, dispute settlement, interest balancing

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