This Chapter, building upon the framework established by Chap. 2 , explores the evolving role of state sovereignty within the framework of international investment agreements (IIAs), emphasizing the dual capacity of states as treaty-makers and potential respondents in disputes. It argues that sovereignty inherently includes the power to self-limit through international agreements, enabling states to pursue policy goals while balancing domestic and international obligations. Traditionally, international investment agreements (IIAs) have focused on promoting and protecting investments, but the Chapter highlights and reiterates well-explored risks hidden in their vaguely drafted provisions if left solely to arbitral interpretation. The Chapter underscores the importance of clarity in IIA provisions, and argues for the inclusion of ex ante clarifications during the negotiation phase to ensure predictable legal regimes. This approach, the Chapter argues, aligns with the ongoing process of normative clarification and concretisation within international investment law informed by decades of arbitral practice, alluding to the case studies and the emergence of new-generation IIAs examined in Chaps. 4 and 5 . The Chapter concludes that clarity is not merely desirable, but an essential progression in fostering a reliable and equitable framework for future IIAs.

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State as a Sovereign and a (Respondent) Party in Investment Treaty Disputes

  • Güneş Ünüvar

摘要

This Chapter, building upon the framework established by Chap. 2 , explores the evolving role of state sovereignty within the framework of international investment agreements (IIAs), emphasizing the dual capacity of states as treaty-makers and potential respondents in disputes. It argues that sovereignty inherently includes the power to self-limit through international agreements, enabling states to pursue policy goals while balancing domestic and international obligations. Traditionally, international investment agreements (IIAs) have focused on promoting and protecting investments, but the Chapter highlights and reiterates well-explored risks hidden in their vaguely drafted provisions if left solely to arbitral interpretation. The Chapter underscores the importance of clarity in IIA provisions, and argues for the inclusion of ex ante clarifications during the negotiation phase to ensure predictable legal regimes. This approach, the Chapter argues, aligns with the ongoing process of normative clarification and concretisation within international investment law informed by decades of arbitral practice, alluding to the case studies and the emergence of new-generation IIAs examined in Chaps. 4 and 5 . The Chapter concludes that clarity is not merely desirable, but an essential progression in fostering a reliable and equitable framework for future IIAs.