EAN: 9783030441661

EUROPEAN YEARBOOK OF INTERNATIONAL ECONOMIC LAW...

This open access book examines the multiple intersections between national and international
courts in the field of investment protection  and suggests possible modes for regulating future
jurisdictional interactions between domestic courts and international tribunals. The current
system of foreign investment protection consists of more than 3 000 international investment
agreements (IIAs)  most of which provide for investment arbitration as the forum for the
resolution of disputes between foreign investors and host States. However  national courts also
have jurisdiction over certain matters involving cross-border investments. International
investment tribunals and national courts thus interact in a number of ways  which range from
harmonious co-existence to reinforcing complementation  reciprocal supervision and 
occasionally  competition and discord. The book maps this complex relationship between dispute
settlement bodies in the current investment treaty context and assesses the potential role of
domestic courts in future treaty frameworks that could emerge from the States' current efforts
to reform the system.The book concludes that  in certain areas of interaction between domestic
courts and international investment tribunals  the division of labor between the two bodies is
not always optimal  producing inefficiencies that burden the system as a whole. In these areas
there is a need for improvement by introducing a more fruitful allocation of tasks between
domestic and international courts and tribunals - whatever form(s) the international mechanism
for the settlement of investment disputes may take.Given its scope  the book contributes not
only to legal analysis  but also to the policy reflections that are needed for ongoing efforts
to reform investor-State dispute settlement.

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