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پیمان سرمایه گذاری
Section VII discusses the nexus between customary international law and investment treaty law, which remains fragmented.
the System of Investor-State Dispute Settlement, Working Papers on International Investment Number 2006/1, (2006) at 3 (outlining the challenges to investor-state arbitration and potential reform options), available: http://www.oecd.org/china/36052284.pdf, accessed: 09/10/13, Susan Franck, Development and Outcomes of Investment Treaty Arbitration, Harvard International Law Journal, Vol. 50 (2009) at 436.
Schwebel, The Overwhelming Merits of Bilateral Investment Treaties, Suffolk Transnational Law Review, Vol. 32 (2008 - 2009) at 268, Charles N.
As distinct from the ICSID dispute settlement framework, the WTO53 has an institutionalised appellate system with the mandate to uphold, modify or reverse the panel's legal interpretation and conclusions.54 As discussed throughout this paper, the concept of 'single undertaking' underpins the WTO treaty system, meaning that all its covered agreements are accepted as a package, are binding on all its 160 members and as such can be invoked before the panels or AB.55 By contrast, the ICSID entertains cases arising from separate and very different Bilateral Investment Treaties (BITs) concluded between individual countries.
ARB/02/8 where Siemens abandoned award in its favour on filing of proceeding for annulment on ground of corruption by Argentina discussed in Jason W Yackee, Investment Treaties and Investor Corruption: An Emergent Defence for Host States, (2011) at 2.
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