Investment Protection and Sovereignty: The Clash of Theories in the Practice of Investment Arbitration
Investment Protection and Sovereignty: The Clash of Theories in the Practice of Investment Arbitration

Summary/Abstract: This article focuses on investment arbitration as a political space where the concepts of national sovereignty and investment protection come into conflict. The goal of this article is twofold. First, it aims to situate this conflict within the wider theoretical debate on the role of the nation state in the globalized world. Second, it attempts to show in detail how this theoretical conflict is being resolved in practice on the level of investment arbitration. This is achieved by identifying the main legal issues related to the theoretical concepts set up at the beginning, and by analyzing a sample of investor-state dispute settlement cases to illustrate the conflict and show how the arbitration tribunals address these issues in practice.

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