The WTO solution for investor-state disputes

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

Abstract

Investment arbitration is in a constant state of flux. The latest instances of expropriation have triggered an academic debate revolving around the possibility of WTO law becoming directly applicable to investment treaties such as Bilateral Investment Treaties (BITs) or Free Trade Agreements (FTAs). This paper explores the nexus between host state obligations under BITs/FTAs on the one hand and the remedies available under the WTO Dispute Settlement Understanding (DSU) on the other hand. The paper argues that remedies available under WTO law are of limited scope and at the most would play only a supplementary role to investment arbitration. The author reaches the conclusion that in the foreseeable future, claims under the WTO DSU would remain an exclusive domain of state-to-state dispute settlement until the DSU is amended to allow private claims.
Original languageEnglish
Title of host publicationLaw, governance and world order
EditorsSylvia Kierkegaard, Mikael Kierkegaard
Place of Publicationonline
PublisherInternational Association of IT Lawyers
Pages75-85
Number of pages11
ISBN (Print)9788799485420
Publication statusPublished - 2012

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  • Related Activities

    • 1 Oral presentation

    7th International Law and Trade Conference - "The WTO Solution for Investor-State Disputes"

    Umair Ghori (Speaker)

    2 Oct 2012

    Activity: Talk or presentationOral presentation

    Cite this

    Ghori, U. H. (2012). The WTO solution for investor-state disputes. In S. Kierkegaard, & M. Kierkegaard (Eds.), Law, governance and world order (pp. 75-85). International Association of IT Lawyers. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2717243