The Line of Equilibrium: Improving Investment Arbitration through the Application of the WTO General Exceptions

Collins, D. A. (2016). The Line of Equilibrium: Improving Investment Arbitration through the Application of the WTO General Exceptions. Arbitration International, doi: 10.1093/arbint/aiw031

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Abstract

This article considers the application of the general exceptions of the World Trade Organization’s (WTO) General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) to the context of international investment arbitration under international investment agreements (IIAs). It suggests that the designated categories and balancing contemplated by the WTO exceptions, along with its tried and sophisticated jurisprudence may offer useful guidance to arbitrators seeking to evaluate public interest exceptions implemented by host states. Improvements to the trade-inspired general exceptions for the investment context to enhance this exercise are also proposed. Taken together these initiatives may help promote the legitimacy of investment arbitration which continues to face criticism for its failure to consider non-economic matters and as an affront to national sovereignty.

Item Type: Article
Additional Information: This is a pre-copyedited, author-produced PDF of an article accepted for publication in Arbitration International following peer review. The version of record Collins, DA (2016). The Line of Equilibrium: Improving Investment Arbitration through the Application of the WTO General Exceptions. Arbitration International, is available online at: http://dx.doi.org/10.1093/arbint/aiw031.
Subjects: K Law > KZ Law of Nations
Divisions: The City Law School > The City Law School - Academic Programmes
URI: http://openaccess.city.ac.uk/id/eprint/15719

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