Analogies in International Investment Law and Arbitration by Valentina Vadi

By Valentina Vadi

even if funding treaty arbitration has turn into the commonest procedure for settling investor-state disputes, a few students and practitioners have expressed crisis in regards to the importance of decision-making strength allotted to funding treaty tribunals. a few of the fresh arbitral awards have made up our minds the boundary among conflicting values: the valid sphere for nation rules within the pursuit of public items, and the safety of overseas inner most estate from kingdom interference. Can comparative reasoning aid adjudicators in examining and using large and open-ended funding treaty provisions? Can using analogies give a contribution to the present debate over the legitimacy of investor-state arbitration, facilitating the honor of the commonweal within the related? How may still comparisons be made? What are the boundaries of comparative techniques to funding treaty legislations and arbitration? This booklet scrutinises the effect a comparative procedure may have on funding legislations, and identifies a mode for drawing sound analogies.

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