Investment Chapters in PTAs and Their Impact on Adjudicative Convergence

Research output: Chapter in Book/Report/Conference proceedingBook chapterResearchpeer-review

Standard

Investment Chapters in PTAs and Their Impact on Adjudicative Convergence. / Gáspár-Szilágyi, Szilárd; Usynin, Maxim.

Adjudicating Trade and Investment Disputes: Convergence or Divergence?. ed. / Szilárd Gáspár-Szilágyi; Daniel Behn; Malcolm Langford. Cambridge : Cambridge University Press, 2020. p. 21-61 (Studies on International Courts and Tribunals).

Research output: Chapter in Book/Report/Conference proceedingBook chapterResearchpeer-review

Harvard

Gáspár-Szilágyi, S & Usynin, M 2020, Investment Chapters in PTAs and Their Impact on Adjudicative Convergence. in S Gáspár-Szilágyi, D Behn & M Langford (eds), Adjudicating Trade and Investment Disputes: Convergence or Divergence?. Cambridge University Press, Cambridge, Studies on International Courts and Tribunals, pp. 21-61. https://doi.org/10.1017/9781108766678.003

APA

Gáspár-Szilágyi, S., & Usynin, M. (2020). Investment Chapters in PTAs and Their Impact on Adjudicative Convergence. In S. Gáspár-Szilágyi, D. Behn, & M. Langford (Eds.), Adjudicating Trade and Investment Disputes: Convergence or Divergence? (pp. 21-61). Cambridge University Press. Studies on International Courts and Tribunals https://doi.org/10.1017/9781108766678.003

Vancouver

Gáspár-Szilágyi S, Usynin M. Investment Chapters in PTAs and Their Impact on Adjudicative Convergence. In Gáspár-Szilágyi S, Behn D, Langford M, editors, Adjudicating Trade and Investment Disputes: Convergence or Divergence?. Cambridge: Cambridge University Press. 2020. p. 21-61. (Studies on International Courts and Tribunals). https://doi.org/10.1017/9781108766678.003

Author

Gáspár-Szilágyi, Szilárd ; Usynin, Maxim. / Investment Chapters in PTAs and Their Impact on Adjudicative Convergence. Adjudicating Trade and Investment Disputes: Convergence or Divergence?. editor / Szilárd Gáspár-Szilágyi ; Daniel Behn ; Malcolm Langford. Cambridge : Cambridge University Press, 2020. pp. 21-61 (Studies on International Courts and Tribunals).

Bibtex

@inbook{3bc5ed32623d4de48cc84d7554147ac9,
title = "Investment Chapters in PTAs and Their Impact on Adjudicative Convergence",
abstract = "This chapter focuses on the first stage in which some level of convergence between the adjudication of trade and investment disputes might be observed: treaty design. After an analysis of 144 PTAs the authors conclude that there is a rising trend of including investment chapters with ISDS mechanisms into PTAs. However, this trend is not uniform around the world. Therefore, if structural convergence is to occur between the two adjudicatory mechanisms, such convergence will not be global, but regional or local. The chapter then continues with a discussion of the potential implications of this phenomenon and argues that some level of convergence can be expected in two areas. First, the broader context and objectives of PTAs with investment chapters can have an influence on the reasoning of investment tribunals. Second, some level of converge might occur due to the interpretive functions of treaty committees. Nonetheless, convergence might be minimal due to: different epistemic communities; investment chapters often look like stand-alone BITs within a trade agreement; and the recent PTIAs require different qualifications for trade and investment dispute settlement decision makers.",
author = "Szil{\'a}rd G{\'a}sp{\'a}r-Szil{\'a}gyi and Maxim Usynin",
year = "2020",
month = jun,
doi = "10.1017/9781108766678.003",
language = "English",
isbn = "1108487408",
series = "Studies on International Courts and Tribunals",
publisher = "Cambridge University Press",
pages = "21--61",
editor = "Szil{\'a}rd G{\'a}sp{\'a}r-Szil{\'a}gyi and Daniel Behn and Malcolm Langford",
booktitle = "Adjudicating Trade and Investment Disputes",
address = "United Kingdom",

}

RIS

TY - CHAP

T1 - Investment Chapters in PTAs and Their Impact on Adjudicative Convergence

AU - Gáspár-Szilágyi, Szilárd

AU - Usynin, Maxim

PY - 2020/6

Y1 - 2020/6

N2 - This chapter focuses on the first stage in which some level of convergence between the adjudication of trade and investment disputes might be observed: treaty design. After an analysis of 144 PTAs the authors conclude that there is a rising trend of including investment chapters with ISDS mechanisms into PTAs. However, this trend is not uniform around the world. Therefore, if structural convergence is to occur between the two adjudicatory mechanisms, such convergence will not be global, but regional or local. The chapter then continues with a discussion of the potential implications of this phenomenon and argues that some level of convergence can be expected in two areas. First, the broader context and objectives of PTAs with investment chapters can have an influence on the reasoning of investment tribunals. Second, some level of converge might occur due to the interpretive functions of treaty committees. Nonetheless, convergence might be minimal due to: different epistemic communities; investment chapters often look like stand-alone BITs within a trade agreement; and the recent PTIAs require different qualifications for trade and investment dispute settlement decision makers.

AB - This chapter focuses on the first stage in which some level of convergence between the adjudication of trade and investment disputes might be observed: treaty design. After an analysis of 144 PTAs the authors conclude that there is a rising trend of including investment chapters with ISDS mechanisms into PTAs. However, this trend is not uniform around the world. Therefore, if structural convergence is to occur between the two adjudicatory mechanisms, such convergence will not be global, but regional or local. The chapter then continues with a discussion of the potential implications of this phenomenon and argues that some level of convergence can be expected in two areas. First, the broader context and objectives of PTAs with investment chapters can have an influence on the reasoning of investment tribunals. Second, some level of converge might occur due to the interpretive functions of treaty committees. Nonetheless, convergence might be minimal due to: different epistemic communities; investment chapters often look like stand-alone BITs within a trade agreement; and the recent PTIAs require different qualifications for trade and investment dispute settlement decision makers.

UR - https://www-cambridge-org.ep.fjernadgang.kb.dk/core/books/adjudicating-trade-and-investment-disputes/investment-chapters-in-ptas-and-their-impact-on-adjudicative-convergence/872E15B36EE250B70CD4003BDFEB21A7

U2 - 10.1017/9781108766678.003

DO - 10.1017/9781108766678.003

M3 - Book chapter

SN - 1108487408

SN - 9781108487405

T3 - Studies on International Courts and Tribunals

SP - 21

EP - 61

BT - Adjudicating Trade and Investment Disputes

A2 - Gáspár-Szilágyi, Szilárd

A2 - Behn, Daniel

A2 - Langford, Malcolm

PB - Cambridge University Press

CY - Cambridge

ER -

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