International Investment Law and the Rule of Law
- study
It is common wisdom that foreign investors need to know that rule of law will be respected before committing abroad. To offer this safety, a complex treaty-based edifice of international investment law has been built, coupled with perhaps the most potent dispute resolution mechanism in international law - investor-state arbitration. States offer protection standards, and arbitrators make sure rule of law is upheld accordingly. Everybody wins. Or do they? Delving deeper beyond the surface, the lecture will explore deeply problematic aspects of the 'rule of law' narrative, such as what (if any) vision of the concept arbitrators employ, how does excessively expensive arbitration squares with access to justice, and whether investment law is fit for the world in which rule of law seems to account for less and less every day.
Velimir Zivkovic is an Associate Professor and Director of LLM at University of Warwick School of Law. His research interests include international investment, commercial and sports arbitration, English and comparative contract law, as well as broader issues of the rule of law internationally. His book ‘Fair and Equitable Treatment and the Rule of Law’ came out in July 2023 with Elgar. In addition to academic activities, Velimir serves as of counsel in commercial, sports and investment arbitrations and engages in different legal consultancy activities.