Reference : Investor–State Dispute Settlement using the ECOWAS Court of Justice: An Analysis and ...
Scientific journals : Article
Law, criminology & political science : European & international law
Law / European Law
Investor–State Dispute Settlement using the ECOWAS Court of Justice: An Analysis and Some Proposals
Happold, Matthew mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
ICSID Review
[en] investor-State dispute settlement ; Economic Community of West African States ; foreign direct investment
[en] In the light of increasing discontent with arbitration as a method of investor–State dispute settlement (ISDS), alongside proposals for the establishment of court systems for the settlement of such disputes, this article suggests that such a mechanism might already be available for West African States in the form of the Court of Justice of the Economic Community of West African States (ECOWAS). The ECOWAS Court of Justice, the article shows, can already deal with a variety of investor–State disputes, while reforms are suggested to extend its investment jurisdiction and render it more effective. Such initiatives, it argues, would assist in developing African States’ role as ‘investment rule makers’ rather than ‘rule takers’, as well as further ECOWAS’s mission to promote economic integration within West Africa.
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