The Return of the Home State to Investor-State Disputes
Bringing Back Diplomatic Protection?

This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.

Rodrigo Polanco (Author)

9781108473385, Cambridge University Press

Hardback, published 10 January 2019

372 pages, 11 tables
23.5 x 15.7 x 2.3 cm, 0.65 kg

'This well researched book successfully attempts to analyse a trend which significantly shapes today's international investment law in a comprehensive way and from various perspectives. It will be definitely of value to academics and practitioners of international economic law, as well as those interested in an evidence of current state practice with regard to protection of economic interests of their subjects abroad.' Ond?ej Svoboda, Transnational Dispute Management

This book advances the idea that in order to address some of the criticisms against investor-state dispute settlement, a large majority of states have taken a 'normative' strategy, negotiating or amending investment treaties with provisions that potentially give more control and greater involvement to the contracting parties, and notably the home state. This is particularly true of agreements concluded in the past fifteen years. At the same time, there is a potential revival of the 'remnants' of diplomatic protection that are embedded in investment treaties since the beginning of the system. But why is the home state being brought back into a domain from which it was expressly excluded several decades ago? Why would a home state be interested in intervening in these conflicts? Is this 'new' role of the home state in foreign investment disputes a 'return' to diplomatic protection of its nationals, or are we witnessing something different?

Introduction
1. The age of diplomatic protection of foreign investors
2. The rise and backlash against investor-state arbitration
3. Home states and the prevention of investment disputes
4. Home state role in ISDS together with the host state
5. Unilateral home state participation in ISDS
6. Current and future role of diplomatic protection in investment disputes
7. Home state limitations on diplomatic protection
Conclusion.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], International economic & trade law [LBBM]