Access to Justice for Local Communities in Investor-state Arbitration

Akinwumi Olawuyi Ogunranti

Access to Justice for Local Communities in Investor-state Arbitration

Akinwumi Olawuyi Ogunranti

Research output: Contribution to journal › Article › peer-review

Abstract

Generally, Investor-state Arbitration as a dispute resolution mechanism has been a subject of scholarly debates. Scholars attack the ISA regime on various grounds, which include the impropriety of delegating adjudicatory powers to private individuals on disputes relating host states’ policy decisions, the marginal role of human rights and environmental considerations in investment disputes, the ISA tribunal’s bias towards investors, inconsistent arbitral decisions, the lack of an appeal system, and non-transparent proceedings.

Original language	Canadian English
Journal	Articles, Book Chapters, & Popular Press
Publication status	Published - Dec. 6 2019

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 16 Peace, Justice and Strong Institutions

Keywords

Access to justice
arbitration

Disciplines

Dispute Resolution and Arbitration

Access to Document

Import 1740523284316Final published version, 48.3 KBLicence: Unspecified

https://blogs.dal.ca/dlj/2019/12/06/access-to-justice-for-local-communities-in-investor-state-arbitration/

Cite this

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title = "Access to Justice for Local Communities in Investor-state Arbitration",

abstract = " Generally, Investor-state Arbitration as a dispute resolution mechanism has been a subject of scholarly debates. Scholars attack the ISA regime on various grounds, which include the impropriety of delegating adjudicatory powers to private individuals on disputes relating host states{\textquoteright} policy decisions, the marginal role of human rights and environmental considerations in investment disputes, the ISA tribunal{\textquoteright}s bias towards investors, inconsistent arbitral decisions, the lack of an appeal system, and non-transparent proceedings.",

keywords = "Access to justice, arbitration",

author = "Ogunranti, \{Akinwumi Olawuyi\}",

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year = "2019",

month = dec,

day = "6",

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TY - JOUR

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AU - Ogunranti, Akinwumi Olawuyi

N1 - Akinwumi Olawuyi Ogunranti, "Access to Justice for Local Communities in Investor-state Arbitration" (6 December 2019), online (blog): Dalhousie Law Journal Blog < https://blogs.dal.ca/dlj/2019/12/06/access-to-justice-for-local-communities-in-investor-state-arbitration/ > [https://perma.cc/G4JA-XWFA].

PY - 2019/12/6

Y1 - 2019/12/6

N2 - Generally, Investor-state Arbitration as a dispute resolution mechanism has been a subject of scholarly debates. Scholars attack the ISA regime on various grounds, which include the impropriety of delegating adjudicatory powers to private individuals on disputes relating host states’ policy decisions, the marginal role of human rights and environmental considerations in investment disputes, the ISA tribunal’s bias towards investors, inconsistent arbitral decisions, the lack of an appeal system, and non-transparent proceedings.

AB - Generally, Investor-state Arbitration as a dispute resolution mechanism has been a subject of scholarly debates. Scholars attack the ISA regime on various grounds, which include the impropriety of delegating adjudicatory powers to private individuals on disputes relating host states’ policy decisions, the marginal role of human rights and environmental considerations in investment disputes, the ISA tribunal’s bias towards investors, inconsistent arbitral decisions, the lack of an appeal system, and non-transparent proceedings.

KW - Access to justice

KW - arbitration

UR - https://digitalcommons.schulichlaw.dal.ca/scholarly_works/536

M3 - Article

JO - Articles, Book Chapters, & Popular Press

JF - Articles, Book Chapters, & Popular Press

ER -

Access to Justice for Local Communities in Investor-state Arbitration

Abstract

UN SDGs

Keywords

Disciplines

Access to Document

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Cite this