The Implications of ICSID and WTO Dispute Settlement Body On the Foreign Investor’s Rights : (A Comparative Study).
المصدر
Journal of Jurisprudential and Legal Studies. A, 16. p. 1-26.
مؤلف
Al-Hinaiyah, Wadhah Talib Yahya.
الناشر
Higher Judicial Insititute
العنوان الأصلي
The Implications of ICSID and WTO Dispute Settlement Body On the Foreign Investor’s Rights : (A Comparative Study).
الملخص الإنجليزي
As a result of supra-national dispute resolution, a global regime for investor protection is emerging. However, the study of the functions of the WTO Dispute Resolution mechanism and ICSID shows that they have both practical and different implications on the foreign investor‘s rights. With the contrasting remedial regimes as well as enforcement mechanisms of ICSID and WTO Dispute Settlement Body, this paper provides a certain assessment of the distinct available remedies under each forums and the diverging framework of enforcement for both ICSID and the WTO within the range of international investment law and the protection of the foreign investor‘s rights.