Book contents
- Consenting to International Law
- ASIL Studies in International Legal Theory
- Consenting to International Law
- Copyright page
- Contents
- Contributors
- Preface
- Consenting to International Law
- Part I Notions and Roles of Consent
- Part II Objects and Types of Consent
- 6 Do International Agreements Have a Consent Problem?
- 7 Consenting to Treaty Commitments
- 8 State Consent in the Evolving Climate Regime
- 9 Consent and Sources
- 10 Variations around the Notion of Consent in Investment Arbitration
- Part III Subjects and Institutions of Consent
- Index
10 - Variations around the Notion of Consent in Investment Arbitration
from Part II - Objects and Types of Consent
Published online by Cambridge University Press: 23 November 2023
- Consenting to International Law
- ASIL Studies in International Legal Theory
- Consenting to International Law
- Copyright page
- Contents
- Contributors
- Preface
- Consenting to International Law
- Part I Notions and Roles of Consent
- Part II Objects and Types of Consent
- 6 Do International Agreements Have a Consent Problem?
- 7 Consenting to Treaty Commitments
- 8 State Consent in the Evolving Climate Regime
- 9 Consent and Sources
- 10 Variations around the Notion of Consent in Investment Arbitration
- Part III Subjects and Institutions of Consent
- Index
Summary
The author seeks to illustrate the multiplicity of thoughts and varied techniques deployed in interpreting consent in investment arbitration. The chapter shows that the steady rise of varied international disputes has generated significant debate about the interpretation and application of the principle of consent. International courts and tribunals are being increasingly criticized by States for their jurisdictional overreach. The underlying problem, as the author sees it, may well be whether the contours of consent to arbitration are clear. Investment arbitration tribunals while dealing with the question of State consent have shown sharp divisions on the notion of consent. The varied approaches taken by arbitral tribunals to State consent highlights the indeterminacy of the contours of consent. The chapter finds support for its argument in a case study of the issue of State consent in the context of the interpretation of Most-Favoured Nation clauses.
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- Consenting to International Law , pp. 223 - 248Publisher: Cambridge University PressPrint publication year: 2023