International Law Dissertation Example | Topics and Well Written Essays - 750 words

International Law - Dissertation fair playsuitesolution is usually included in bilateral international treaties (BITs) which are intended to bind treaty states to commitments for protect investors and their enthronements against hostile host state conduct in transactions under foreign direct investment (FDI).7 The proposed talk get out analyse arbitral awards and their underlying decisions relative to investor/state arbitration with a go through to identifying and analysing contributions to customary international law and the consequences for resolving investor/state disputes. In particular, the proposed dissertation evaluates the extent to which international mercantile arbitration and more especially, ISA, has established or can satisfactorily establish the necessary legal security systems for promote and facilitating FDIs. The proposed dissertation will argue that although there is no multilateral international legal instrument adjust FDIs and investor-state relations, i nternational customary law and the principle of fair and equitable treatment included in BITs and acclivitous from investor/state arbitration has contributed to a sufficiently recollective body of law so that investors are accorded the protection necessary for investing abroad. It will be argued that although international arbitration in general including ISA is not set by a centralized forum by which binding precedents may be created, the cumulative nucleus of BITs and ISAs applying and interpreting BITs have resulted in a customs, norms and rules that have established a coherent body of law applicable to standards of treatment expected of host states.8 It will also be argued, however, that despite the emerging coherent body of law, there are challenges to overcome. For example, the different language used in BITs has resulted in arbitrators rending unreconciled or unclear decisions in their interpretation of protective clauses in BITs.9 Outline In order to comport the hypoth esis that ISA or international commercial arbitration has contributed to a coherent body of law for promulgating FDIs, the proposed dissertation will be presented as follows Part I Introduction. The introduction establishes that over the last 20 eld or so, there have been two interesting developments in international commercial transactions an emergence in BITs10 and a decrease in investor/state arbitration.11 The introduction then makes an undertaking that the dissertation will establish that the link between these developments is ISA in that BITs provide for arbitration of investor/state disputes and interpret and apply the direct of protection provided for in BITs. Part II This part of the dissertation