Title: The role of the domestic law of the host state in determining the jurisdiction ratione materiae of investment treaty tribunals : the partial revival of the localisation theory? /
Authors: Eftekhar, Reza, 1986-
Year: 2021
Subjects: Investments, Foreign (International law); International commercial arbitration; International and municipal law; Conflict of laws Jurisdiction; Conflict of laws Jurisdiction; International and municipal law; International commercial arbitration; Investments, Foreign (International law)
Abstract: "The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?" focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law's essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant "localisation" theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of investment treaty law. This is a significant milestone in the ongoing discussions on the reform of investment treaty dispute settlement regime"--
Contents: Introduction -- The role of domestic law in investment treaty arbitrations in general -- Application of domestic law to the legality requirement -- Application of domestic law to questions regarding the existence of rights over property constituting investment -- The localisation theory : roots, premises, and its legal destiny -- Partial revival of the localisation theory in the field of investment treaty arbitration : the current role of host state law and host state court -- Conclusion.