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Evolution of Protectionist Approach for Investor-State Settlement of Investment Disputes: A Critical Analysis
Abstract
The protection of foreign private investment in the host states remained contesting issue among the stake holders. The development of international law on foreign investment has engendered ‘Protectionist Approach’ for interests of foreign investors by investor-state disputes settlement (ISDS) mechanisms. International organizations have facilitated for the establishment of specialized transnational adjudicative forums for investor-state disputes of foreign investments, which has been emerged to protect the interests of foreign investors. Qualitative method of research has been applied wherein primary and secondary sources have been consulted. This paper examined historical events in backdrop of contesting stakeholders of investment disputes. Contesting interests of developing and developed world has been led to establish an agreement to protect the interest of foreign investors and how treatification process of ICSID Convention ended up in an imbalance protectionist approach to protect the interests of foreign investors in host states.
Authors
Ali Nawaz Khan
Assistant Professor, University Law College, University of the Punjab, Lahore, Punjab, Pakistan
Dr. Bakht Munir
Lecturer, Institute of Languages and Linguistics, University of the Punjab, Lahore, Punjab, Pakistan
Jawwad Riaz
Assistant Professor, University Law College, University of the Punjab, Lahore, Punjab, Pakistan
Keywords
ICSID, Investment Disputes, Protection of Investors