Reassertion of Control over the Investment Treaty Regime

By Andreas Kulick (Ed.), Published by Cambridge University Press, December 2016

Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues to curb a system that is being perceived as having run out of control. This book examines the many issues of procedure, substantive law, and policy which arise from this trend. From procedural aspects such as frivolous claims mechanisms, the establishment of appeals mechanism or state–state arbitration, to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection, the it identifies and discusses the main means by which states do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in states’ reassertion of control. Available at