Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.618030
Title: The limitation of state sovereignty in hosting foreign investments and the role of investor-state arbitration to rebalance the investment relationship
Author: Al-Adba, Nasser
ISNI:       0000 0004 5353 0558
Awarding Body: University of Manchester
Current Institution: University of Manchester
Date of Award: 2014
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Abstract:
This research examines and critically analyses to what extent the host states might use their sovereignty in a manner that may be counterproductive to the interests of foreign investors on their territory; and the role played by international investment law in its regulation. Further, it considers the extent to which investor-state arbitration, under both the inter-state bilateral investment treaty (BIT), and investment contract, can be used to rebalance the uneven investment relationship arising from the adverse effect of host state sovereignty. The importance of the investor-state arbitration is based on the fact that such a process will be of no value if its award is not enforceable against sovereigns. It is therefore argued that arbitration enforcement against states must be augmented by further safeguards mechanisms. Challenges are faced by international investment law to minimise the possible adverse effect of host state’s sovereignty, in order to require states to respect investment agreements. Responsibility will be asserted by a wronged foreign investor if the state breaches customary international law when it hosts the foreign investment and if there is a violation of the specific investment agreement. Such challenges expose the limitations on how states can use their sovereign powers (whether legal, economic or political), against foreign investors and question the clarity of such boundaries. An unsuccessful litigant state will often seek to resist award enforcement, claiming sovereign immunity against its execution. International investment law and applicable national and regional bodies must find a balance between the interests of the foreign investor and the host state. This research concludes that the adjudication system used in England provides a framework in which a foreign investor can seek recognition of its claim and thus enforce a foreign arbitral award against recalcitrant states, but improvements could still be made as explained in thesis.
Supervisor: Tarawneh, Jasem; Ngangjoh Hodu, Yenkong Sponsor: HEI
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.618030  DOI: Not available
Keywords: State Sovereignty; Host state; foreign investor, State Immunity; ICSID; Arbitration
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