TTIP – Panel 3 - BITs and Applicable International Law in ISDS
Keywords
Summary
179 words
Critical Evaluation
Value of the Information & Strength of the Argument
The value of the information is high, providing a comprehensive and nuanced overview of the applicable law in ISDS. The argumentation is solid, grounded in legal doctrine, treaty provisions, and case law. The speakers present a balanced view, acknowledging the increasing role of international law while emphasizing the continued relevance of domestic law. The discussion of the EU proposal is particularly insightful, highlighting its innovative aspects and potential implications.
Scientific Rigor, Source Quality, Title Accuracy
The scientific rigor is high, with references to key legal instruments (ICSID Convention, NAFTA, Energy Charter Treaty) and case law (e.g., Glamis, Grand River). The sources are credible, coming from established legal experts and institutions. The title accurately reflects the content, focusing on BITs and applicable international law in ISDS. The discussion is well-structured and adheres to academic standards.
143 words
Title / Content Match
The title accurately reflects the panel's focus on bilateral investment treaties and the applicable international law in investor-state dispute settlement.
Quality & Reliability
8/10
High-level academic panel with renowned experts in international law, providing a rigorous analysis of applicable law in investment arbitration. The discussion is well-structured, references key legal instruments (ICSID Convention, NAFTA, ECT) and case law, and offers a balanced view on the role of domestic and international law.
Key Moments
Markers derived by PSI from the transcript: the creator did not define chapters.
- Introduction by the chair, Professor Rainer Hofmann.
- Professor Laurence Boisson de Chazournes begins her presentation on the importance of applicable law in ISDS.
- Discussion of scenarios for the application of international law, including choice-of-law provisions.
- Analysis of the sources of international law, including customary law and general principles.
- Examination of the EU proposal for a permanent investment court and its approach to applicable law.
- Commentary by Professor Giorgio Sacerdoti on the role of domestic law in international tribunals.
- Discussion of the WTO Appellate Body's approach to domestic law as evidence.
- Debate on the primacy of international law and the residual role of domestic law.
- Concluding remarks on the future of ISDS and the balance between international and domestic law.
Cited Sources
- TTIP – Framing the Adequate System for Investor-State Dispute Settlement — Event page for the conference where this panel took place.
Concurring Sources
- ICSID Convention — Referenced as the basis for arbitration, particularly Article 42 on applicable law.
- NAFTA — Mentioned as a treaty that explicitly applies international law.
- Energy Charter Treaty — Referenced as a multilateral treaty that applies international law.
Contribution & Novelties
The panel provides a clear and structured analysis of the applicable law in ISDS, particularly in light of the EU’s proposal for a permanent investment court. It highlights the trend towards the primacy of international law while emphasizing the continued relevance of domestic law as a fact and for interpreting standards. The discussion offers a balanced perspective, drawing on the experience of the WTO Appellate Body.
Pour aller plus loin :
- ICSID Convention — The key international instrument for investment arbitration, central to the discussion.
- Vienna Convention on the Law of Treaties — Fundamental for treaty interpretation, as referenced in the panel.
- Draft Articles on Responsibility of States for Internationally Wrongful Acts — Important for state responsibility in investment disputes.
120 words
Radar Profile
The radar profile shows high scores in information quality and technical level, reflecting the expert nature of the panel. The quantity of information is also high, but the global reliability is slightly lower, possibly due to the lack of formal citations and the discussion format.