The Legitimacy Crisis in Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions
By Susan D. Franck , February 8, 2012
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This author addresses the recent increase in arbitrating conflicts of investment treaties. Arbitrations in these contexts can lead to conflicting decisions on the same points of law that never come before a single body with the capacity to resolve inconsistencies. This author argues that the present system of investment treaty arbitration is inadequate and proposes reforms that will prevent inconsistencies in decisions from occurring.
