The Return of the Home State to Investor-State Disputes
This book advances
the idea that in order to address some of the criticisms against investor-state dispute settlement, a large majority of states
have taken a 'normative' strategy, negotiating or amending investment treaties with provisions that potentially give more
control and greater involvement to the contracting parties, and notably the home state. This is particularly true of agreements
concluded in the past fifteen years. At the same time, there is a potential revival of the 'remnants' of diplomatic protection
that are embedded in investment treaties since the beginning of the system. But why is the home state being brought back into
a domain from which it was expressly excluded several decades ago? Why would a home state be interested in intervening in
these conflicts? Is this 'new' role of the home state in foreign investment disputes a 'return' to diplomatic protection of
its nationals, or are we witnessing something different?
Introduction; 1. The age of diplomatic protection of foreign
investors; 2. The rise and backlash against investor-state arbitration; 3. Home states and the prevention of investment disputes;
4. Home state role in ISDS together with the host state; 5. Unilateral home state participation in ISDS; 6. Current and future
role of diplomatic protection in investment disputes; 7. Home state limitations on diplomatic protection; Conclusion.
This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic