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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
Investor-State Dispute Settlement and the Application of the Rule of Law Under the ICSID Convention
Author(s)
Mlinga Idrisa Mrisho
Tran Thi Kim Dung
Hafiz Usman Ghani
Kassim Bakari Kipanga
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DOI:10.17265/1548-6605/2023.07.002
Affiliation(s)
Beijing Institute of Technology (BIT), Beijing, China
Tanzania Institute of Accountancy, Mbeya, Tanzania
Beijing Institute of Technology (BIT), Beijing, China
Beijing Institute of Technology (BIT), Beijing, China
High Court Lahore, Lahore City, Pakistan
Beijing Institute of Technology (BIT), Beijing, China
Arusha Institute of Accountancy, Arusha, Tanzania
ABSTRACT
This paper examines the relationship between the Investor-State Dispute Settlement (ISDS) mechanism and the application of the rule of law under the International Centre for Settlement of Investment Disputes (ICSID) Convention. It analyses how ISDS, as a mechanism for resolving disputes between investors and states, affects the principles of transparency, accountability, and fairness in international investment law. The study also explores the potential challenges and criticisms surrounding ISDS, including concerns about its impact on state sovereignty and its potential to favour investors over states. Additionally, it examines the role of the rule of law in ensuring a balanced and equitable resolution of investment disputes. The study concludes by calling for a comprehensive review of ISDS mechanisms to address these concerns and strengthen the application of the rule of law in international investment disputes. It suggests the need for greater transparency and accountability in ISDS proceedings, as well as the establishment of an independent and impartial body to oversee the resolution of investment disputes.
KEYWORDS
Investor-State Dispute Settlement, International Centre for Settlement of Investment Disputes, rule of law
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