The Reference to the Municipal Law in International Investment Arbitrations

2015 Fiscal Year Final Research Report

• Project/Area Number: 25780026
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: International law
• Research Institution: Shiga University
• Principal Investigator: SAKATA MASAO 滋賀大学, 経済学部, 准教授 (30543516)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: 国際経済法 / 投資仲裁 / 投資協定 / 環太平洋経済連携（TPP) / 裁判拒否 / 公正衡平待遇

Outline of Final Research Achievements

The purpose of this research is to analyze the relationship of investment arbitration and domestic courts. In some of recent investment disputes, it is claimed that the whenever there is a dispute about the scope of property rights comprising the "investment", which is protected by investment treaty, or to whom such rights belong, there must be a reference to a municipal law pf property. Some Respondent states claimed still further that which property is protected by investment treaty must be decide by municipal courts of the respondent state. In this research,at first the Diallo Judgments of International Court of Justice is analyzed, and secondly to make clear the relationship of the customary international law and the investment arbitration, "fair and equitable treatment" clause of investment treaties is analyzed in one research paper.

Free Research Field

国際公法