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Investor-State Arbitration as Governance: Fair and Equitable Treatment, Proportionality and the Emerging Global Administrative Law

https://doi.org/10.2139/ssrn.1466980
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11/11 checkable references clean · checked 2026-08-27

Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.

39 without a DOI — not checked. A reference deposited without a DOI is never matched by title or guessed at; it stays outside the checked set, and this line discloses that.

The 11 checked references that resolve
resolves10.2307/20456680
On Proportionality of Countermeasures in International Law
resolves10.1093/ejil/12.5.889
The Role of Proportionality in the Law of International Countermeasures
resolves10.7554/elife.32937.028
Appendix 4—figure 1. Predicted fN(48) from fN(24) for every distribution of symmetric division.
resolves10.1017/cbo9781316257623.008
LG&amp;E Energy Corporation, LG&amp;E Capital Corporation and LG&amp;E International Inc. <i>v</i>. Argentine Republic
resolves10.1017/cbo9781316257586.009
ICSID Arbitration Rules (As Amended 1 January 2003): Rules of Procedure for Arbitration Proceedings (Arbitration Rules)
resolves10.1093/icsidreview/21.2.427
The 2006 Amendments to the ICSID Rules and Regulations and the Additional Facility Rules
resolves10.1163/ilwo-vh13
V.H.13 Benelux Convention on Nature Conservation and Landscape Protection (8 Jun 82). See Basic Document V.C.4, supra
resolves10.2307/3023235
Far Eastern Situation Complicates Sugar Problem
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V.I.22 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) (3 Mar 73). See Basic Document V.B.10, supra
resolves10.1017/cbo9781316257579.015
Nafta Chapter 11 Interpretation
resolves10.2139/ssrn.149348
The Domain of WTO Dispute Resolution
The 39 references without a DOI — listed, not checked
no DOI — not checkedref3
no DOI — not checked176, 194; see also Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of
no DOI — not checkedProportionality in WTO Law
no DOI — not checkedKorea -Measures Affecting Imports of Fresh, Chilled and Frozen Beef
no DOI — not checkedref7
no DOI — not checkedref8
no DOI — not checkedSect. 712, Commentary g, Too v. Greater Modesto Insurance Associates and The United States of America, supra fn
no DOI — not checkedref12
no DOI — not checkedref13
no DOI — not checkedExperience with commercial arbitration has systemic effects in shaping the judgment of economic actors about whether to include arbitration clauses in future contracts and about which arbitral institutions and rules to use
no DOI — not checkedInternational Arbitration: Corporate Attitudes and Practices
no DOI — not checkedref16
no DOI — not checkedWith regards to investor-State arbitration based on contracts, or in which a contract is central to the substantive issues, the public legitimacy issues for tribunals are often much the same as where an investment treaty provides the whole basis for the claim
no DOI — not checkedref18
no DOI — not checked) (providing for third-party participation as amicus curiae)
no DOI — not checked) (providing for the possibility to hold public hearings). See on the recent changes to the ICSID Rules Aur�lia ANTONIETTI
no DOI — not checkedThe International Convention for the Settlement of Investment Disputes (ICSID) -Taking Stock After 40 Years
no DOI — not checkedThe EU, The WTO and the NAFTA: Towards a Common Law of International Trade (2000) p. 35, focusing on fair procedures, coherence and integrity in legal interpretation, and sensitivity to other relevant international legal regimes
no DOI — not checkedref25
no DOI — not checkedSimilarly, other arbitration rules specify that awards have to be reasoned, see, for example, Art. 32(3) UNCITRAL Arbitration Rules (providing, however
no DOI — not checkedThis strategy was, for example, chosen by the tribunal in RosInvestCo v. Russia in regard of its non-acceptance of earlier precedent with respect to the issue of whether most-favored-nation (MFN) clauses can import the broader jurisdictional consent host States have given under investment treaties with third countries. See RosInvestCo UK Ltd. v. The Russian Federation (SCC Case No. V 079/2005), Award on Jurisdiction
no DOI — not checkedThe Czech Republic (SCC Case No
no DOI — not checkedSeparate Opinion by Judge Higgins, I.C.J. Reports 1996, 803, 858, para. 39 (noting that fair and equitable treatment constitutes "legal terms of art well known in the field of overseas investment protection
no DOI — not checkedEvolution or Devolution? -Defining Fair and Equitable Treatment in International Investment Law
no DOI — not checkedref34
no DOI — not checkedref35
no DOI — not checkedThe same, however, does not hold true as regards the reasoning of the tribunal in RosInvestCo (see supra fn. 181), even though the result of this decision may be more convincing. See generally Stephan SCHILL
no DOI — not checkedCompare CMS v. Argentina, supra fn. 22, paras. 323-331, 353-394. See for a more detailed comparison of both decisions SCHILL, supra fn. 147, p. 265; see also August REINISCH
no DOI — not checkedTwo Worlds of Necessity in ICSID Arbitration: CMS and LG&E
no DOI — not checkedref39
no DOI — not checkedref40
no DOI — not checkedAdjudging the Exceptional at International Law: Security, Public Order and Financial Crisis
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