Dispute resolution in investment treaties: balancing the rights of investors and host states

Article


Sappideen, Razeen and He, Ling Ling. 2015. "Dispute resolution in investment treaties: balancing the rights of investors and host states." Journal of World Trade. 49 (1), pp. 85-116.
Article Title

Dispute resolution in investment treaties: balancing the rights of investors and host states

ERA Journal ID17283
Article CategoryArticle
AuthorsSappideen, Razeen (Author) and He, Ling Ling (Author)
Journal TitleJournal of World Trade
Journal Citation49 (1), pp. 85-116
Number of Pages32
Year2015
Place of PublicationNetherlands
ISSN1011-6702
2210-2795
Web Address (URL)https://www.kluwerlawonline.com/abstract.php?area=Journals&id=TRAD2015004
Abstract

Bilateral and multilateral investment treaties permit investors to bypass the courts of their host States and have their investment disputes resolved through arbitration. Challenges e.g., by Phillip Morris to the Australian government plain packaging of cigarettes legislation, has caused a rethink of the appropriateness of arbitration as the means of resolving investor state disputes.
New and better ways of balancing the rights of States to legislate in the public interest of their citizens on the one hand, and protecting investor property rights on the other are being sought out. This paper argues that the preferred way of achieving this needed balance is through the enactment of a general exception in the form of Article XX of GATT and Article XIV of GATS, which is incorporated into an international convention, and made applicable by
incorporation to all bilateral and multilateral investment agreements

Keywordsdispute resolution; GATT; bilateral agreement; investment; property rights; trade policy; Australia
ANZSRC Field of Research 2020480308. International trade and investment law
Public Notes

Files associated with this item cannot be displayed due to copyright restrictions.

Byline AffiliationsUniversity of Western Sydney
School of Law and Justice
Institution of OriginUniversity of Southern Queensland
Permalink -

https://research.usq.edu.au/item/q4717/dispute-resolution-in-investment-treaties-balancing-the-rights-of-investors-and-host-states

  • 957
    total views
  • 17
    total downloads
  • 1
    views this month
  • 0
    downloads this month

Export as

Related outputs

Chinese state-owned enterprises and foreign investment regulation in Australia
He, Ling Ling. 2018. "Chinese state-owned enterprises and foreign investment regulation in Australia." Australian Business Law Review. 46 (5), pp. 272-290.
International regulation of investment by state-owned enterprises: a comparative perspective
He, Ling Ling. 2018. "International regulation of investment by state-owned enterprises: a comparative perspective." Journal of Comparative Law. 13 (2), pp. 189-216.
Protecting your brand: intellectual property for value added exports
Nugent, Timothy, Woodhead, Alice and He, Ling Ling. 2016. Protecting your brand: intellectual property for value added exports. Toowoomba, Australia. Unpublished.
Protecting food brands in China
He, Ling Ling, Woodhead, Alice and Nugent, Timothy. 2016. Protecting food brands in China. Toowoomba, Australia. Unpublished.
The Trans-Pacific Partnership: a quest for a twenty-first century trade agreement (English-Chinese translation)
Zhao, Xiaobo and He, Ling Ling. Lim, C. L., Elms, Deborah K. and Low, Patrick (ed.) 2016. The Trans-Pacific Partnership: a quest for a twenty-first century trade agreement (English-Chinese translation). China. Cambridge University Press.
Reassessing the Australia-China Free Trade Agreement negotiation process
He, Ling Ling. 2015. "Reassessing the Australia-China Free Trade Agreement negotiation process." Frontiers of Law in China. 10 (4), pp. 714-731. https://doi.org/10.3868/s050-004-015-0039-1
In the shadow of the Australia-China Free Trade agreement negotiation: obstacles and suggestions
He, Ling Ling. 2010. "In the shadow of the Australia-China Free Trade agreement negotiation: obstacles and suggestions." 2nd Biennial Global Conference of the Society of International Economic Law (SIEL 2010). Barcelona, Spain 08 - 10 Jul 2010 London, United Kingdom. https://doi.org/10.2139/ssrn.1632471
Investor-state arbitration : the changing landscape
He, Ling Ling. 2012. "Investor-state arbitration : the changing landscape." 2012 Australian and New Zealand Society of International Law and Asian Society of International Law Joint Conference on International law and Justice. Sydney, Australia 25 - 26 Oct 2012 Canberra, Australia.
Some reflections on the Australia-China Free Trade Agreement negotiation process
He, Ling Ling. 2012. "Some reflections on the Australia-China Free Trade Agreement negotiation process." Bell, Felicity, McKay, Carolyn, Orchiston, Tashina, Sapienza, Amanda, Steele, Linda and Walsh, Greg (ed.) Sydney Law School 2012 Postgraduate Conference: Crossing Boundaries. Sydney, Austalia 01 - 02 Nov 2012 Sydney, Australia.
Mapping anti-dumping disputes from 1995 to 2011: the changing pattern
He, Ling Ling and Sappideen, Razeen. 2012. "Mapping anti-dumping disputes from 1995 to 2011: the changing pattern." Journal of World Investment and Trade. 13 (1), pp. 125-143. https://doi.org/10.1163/221190012X621562
Overseas trade law: observations on the Australia-China Free Trade Agreement negotiation process
Sappideen, Razeen and He, Ling Ling. 2010. "Overseas trade law: observations on the Australia-China Free Trade Agreement negotiation process." Australian Business Law Review. 38 (4), pp. 257-264.
The payment system in China
He, Ling Ling and Sappideen, Razeen. 2008. "The payment system in China." Journal of International Banking Law and Regulation. 23 (3), pp. 168-174.
On eliminating non-tariff barriers in a time of worldwide economic crisis: China's role
Sappideen, Razeen and He, Ling Ling. 2010. "On eliminating non-tariff barriers in a time of worldwide economic crisis: China's role." Macquarie Journal of Business Law. 7, pp. 32-52.
Dispute settlement under free trade agreements: the proposed Australia-China free trade agreement
Sappideen, Razeen and He, Ling Ling. 2011. "Dispute settlement under free trade agreements: the proposed Australia-China free trade agreement." Journal of World Investment and Trade. 12 (4), pp. 581-602.
China's WTO participation in anti-dumping disputes (2001-2011)
He, Ling Ling. 2012. "China's WTO participation in anti-dumping disputes (2001-2011)." Frontiers of Law in China. 7 (4), pp. 616-643. https://doi.org/10.3868/s050-001-012-0029-2
Investor-state arbitration: the roadmap from the multilateral agreement on investment to the trans-Pacific partnership agreement
Sappideen, Razeen and He, Ling Ling. 2012. "Investor-state arbitration: the roadmap from the multilateral agreement on investment to the trans-Pacific partnership agreement." Federal Law Review. 40 (2), pp. 207-227.
Reflections on China's WTO accession commitments and their observance
He, Ling Ling and Sappideen, Razeen. 2009. "Reflections on China's WTO accession commitments and their observance." Journal of World Trade. 43 (4), pp. 847-871.
Investor-state arbitration under bilateral trade and investment agreements: finding rhythm in inconsistent drumbeats
He, Ling Ling and Sappideen, Razeen. 2013. "Investor-state arbitration under bilateral trade and investment agreements: finding rhythm in inconsistent drumbeats." Journal of World Trade. 47 (1), pp. 215-242.
On re-invigorating the Australia-China Free Trade Agreement negotiation process
He, Ling Ling. 2013. "On re-invigorating the Australia-China Free Trade Agreement negotiation process." Journal of World Investment and Trade. 14 (4), pp. 672-696. https://doi.org/10.1163/22119000-01404004
Dumping and anti-dumping measures
Sappideen, Razeen and He, Ling Ling. 2013. "Dumping and anti-dumping measures." Carr, Indira, Alam, Shawkat and Hossain Bhuiyan, Md Jahid (ed.) International trade law and the WTO. Sydney, Australia. Federation Press. pp. 166-206
Free trade agreements and the US-China-Australia relationship in the Asia-Pacific region
He, Ling Ling and Sappideen, Razeen. 2013. "Free trade agreements and the US-China-Australia relationship in the Asia-Pacific region." Asia Pacific Law Review. 21 (1), pp. 55-76.