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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: 17 January 2022

Differentiating Among International Investment Disputes

Differentiating Among International Investment Disputes

(p.466) (p.467) 15 Differentiating Among International Investment Disputes
The Foundations of International Investment Law

Julie A. Maupin

Oxford University Press

This chapter highlights the diversity of characteristics exhibited by actual investor-state disputes; constructs a conceptual framework that organizes these diverse characteristics in a manner that sheds light on those that are most salient and why; and explores how adopting a differentiated approach to investor-state dispute settlement can improve the functioning of the international investment law (IIL) regime. It begins with a brief introduction to the heterogeneity of investor-state disputes. It then makes the case for differentiation as a conceptual approach to investor-state dispute resolution in light of this heterogeneity. It suggests that all international investment disputes be differentiated from the outset along three dimensions: the socio-legal, the territorial, and the political. Next, three case studies are used to evaluate how much room there is within the existing confines of the regime for arbitrators to tailor their interpretive and procedural practices in response to the salient features of the particular dispute. The chapter concludes with a sketch of possible differentiated approaches to addressing some of IIL's most troubling conundrums.

Keywords:   international investment law, investor-state disputes, dispute settlement, differentiation

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