The History of Investment Tribunals and the Protection of IPRs under Investment Treaties

The History of Investment Tribunals and the Protection of IPRs under Investment Treaties
Flavia Marisi and Julien Chaisse

ISBN 978-90-411-9097-0
Kluwer Law International BV, The Netherlands

The mechanism of investor-state settlement had its origins in diplomatic protection and immunity of nationals abroad. The latter concept was challenged by the Calvo doctrine in the 19th century, while the idea of ad hoc investment tribunals modelled after private arbitration proceedings was advanced and refined only in the latter half of the 20th century. The chapter concludes with an outlook of the mechanism in the wake of current criticism.