Article (Scientific journals)
Legitimizing ISDS: Can Third-Parties Advance Sustainability Interests?
MELIKYAN, Arman; Hornkohl, Lena
2025In European Investment Law and Arbitration Review, 10 (1)
Peer reviewed
 

Files


Full Text
Sustainability, ISDS, Third Parties_Melikyan, Hornkohl.png
Publisher postprint (345.45 kB)
Request a copy

All documents in ORBilu are protected by a user license.

Send to



Details



Keywords :
ISDS; joinders; amicus curiae; sustainable development; NDTP; environment; labour; human rights; arbitration
Abstract :
[en] The study of the uneasy interplay between investor-state dispute settlement (ISDS) and sustainable development has already caused a great deal of ink to flow. While there are some separate attempts to align international investment agreements (IIAs) with sustainable development goals, most IIAs cannot accommodate such objectives within their traditional frameworks. These tensions are especially evident when an investment tribunal is invited to decide on a dispute that ultimately produces long-term effects on societies. Amicus curiae and other forms of third-party participation can enhance sustainable development standards within international investment law, constituting one of the crucial procedural pillars between these two competing regimes. This article scrutinizes various forms of third-party participation in defending sustainable development standards in the context of existing transparency and accountability safeguards in investment arbitration. It explores the general legal standards and developments in judicial practice, the critical modifications of investment treaties and arbitration rules and assesses their impact on revitalizing third-party participation, primarily through amicus curiae briefs, to advance compliance with sustainable development standards.
Precision for document type :
Review article
Disciplines :
European & international law
Author, co-author :
MELIKYAN, Arman  ;  University of Luxembourg > Luxembourg Centre for European Law (LCEL) > LCEL Research
Hornkohl, Lena;  University of Vienna
External co-authors :
yes
Language :
English
Title :
Legitimizing ISDS: Can Third-Parties Advance Sustainability Interests?
Publication date :
June 2025
Journal title :
European Investment Law and Arbitration Review
Publisher :
Kluwer Law Online
Volume :
10
Issue :
1
Peer reviewed :
Peer reviewed
Available on ORBilu :
since 10 June 2025

Statistics


Number of views
61 (11 by Unilu)
Number of downloads
4 (2 by Unilu)

OpenCitations
 
0
OpenAlex citations
 
0

Bibliography


Similar publications



Contact ORBilu