MODALITĂŢI ALTERNATIVE DE SOLUŢIONARE A DISPUTELOR PRIVIND INVESTIŢIILE ÎN CONTEXTUL TRATATELOR BILATERALE DE PROMOVARE ŞI PROTECŢIA A INVESTIŢIILOR
ALTERNATIVE DISPUTE RESOLUTION METHODS OF SOLVING INVESTMENT DISPUTES IN THE CONTEXT OF BILLATERAL INVESTMENT TREATIES

Summary/Abstract: In the context of investment promotion and protection (BIT) treaties, ADR is a much more viable solution, both in terms of cost efficiency and time of settlement, when the investor and the host state of the investment are in - a conflictual state, alleged to be a violation of the BIT. It becomes therefore imperative to ask ourselves if the plain packaging measures adopted by states in the domain of public health, particularly regarding products like alcohol and cigarettes are the legitimate expression of the States ‘sovereign right to regulate for public benefit or if they are violations of the standards of protection consecrated by the BIT-s. In this respect, the Philip Morris cases representthe most recent and eloquent examples.

• Details
• Contents