Investor-State Arbitration Tribunals

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The Nature of Investor’s Rights under Investment Treaties: A Comment on Paparinskis’ “Investment Treaty Arbitration and the (New) Law of State Responsibility”

October 22, 2013

Anastasios Gourgourinis

Dr Anastasios Gourgourinis is Lecturer in Public International Law at the National and Kapodistrian University of Athens Faculty of Law, and Research Fellow at the Academy of Athens. Martins Paparinskis’ EJIL Article argues that the conceptual challenges faced by contemporary investment treaty arbitration can be effectively addressed if the regime is not viewed in isolation from its progeny, i.e. international human rights and consular law, the law of treaties and the law of diplomatic protection. The discussion in Paparinskis’ piece is essentially centred on the debate regarding the character and nature of investors’ rights under international investment agreements (IIAs), i.e. either as direct or derivative rights. Paparinskis address the nature of investors’ rights under IIAs from the terminologically different, but contextually similar, lens of the models of direct rights, beneficiary rights, and agency. He explicitly declines to take a firm position regarding which of these models is the most plausible one, but he appears, at least in my eyes, more prone to side with the direct rights model, especially in view of the analogies…

Investment Treaty Arbitration and the (New) Law of State Responsibility

October 21, 2013

Martins Paparinskis

I am grateful to EJIL:Talk! for hosting the discussion of my article and chapter. I am privileged to have Anastasios Gourgourinis, Jessica Howley, and Robert Howse as discussants. In the following paragraphs I summarise the main arguments made in the article and the chapter. The starting point of the argument is…

Discussion of Martins Paparinskis’s Investment Treaty Arbitration and the (New) Law of State Responsibility

October 21, 2013

Sadie Blanchard

This week we will be hosting a discussion of Martins Paparinskis’s EJIL article, Investment Treaty Arbitration and the (New) Law of State Responsibility, and his related forthcoming chapter, Analogies and Other Regimes of International Law. Martins is a Lecturer in Law at the University College London and a book review editor of the Journal of World Investment…

An EU-China Investment Agreement?

October 15, 2013

Christian Tams

Notes from Glasgow #1 Many thanks to Dapo, Marko and Iain for inviting me to contribute to EJIL: Talk! on a regular basis. It’s a great blog, and it complements my favourite international law journal, so I accept with pleasure. The first of my 'Notes from Glasgow' focuses on international investment law – an area of law…

A Rejoinder to Yenkong Ngangjoh-Hodu

September 20, 2013

Sadie Blanchard

Thank you, Yenkong, for the thoughtful reply to my post. Yenkong has now clarified that his original post was suggesting that a State may raise a defense (rather than a counter-claim) to a claim that it violated an investor's legitimate expectations, on the grounds that the investor engaged in tax avoidance. …

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