Criticisms of international investment arbitration considered in the Turkish context
Development summary
The article gathers criticisms directed at arbitration for disputes arising from foreign direct investment.
It states that, in Turkey, the 1999 constitutional amendments expanded the scope of international arbitration, while BITs already allowed investment arbitration, yet the possible consequences and criticisms had not been sufficiently discussed.
Research note
Issue
Critical assessment of international investment arbitration and the use of BITs to submit investment disputes to arbitration
Why does it matter?
The article shows that Turkey’s constitutional and BIT-based framework for investment arbitration must be assessed not only in terms of access to arbitration, but also in terms of the consequences and criticisms associated with that choice. It therefore provides a basis for considering which concerns may arise in future BIT negotiations.
Concepts
Academic details
“ULUSLARARASI YATIRIM TAHKİMİNE YÖNELİK KİMİ ELEŞTİRİLERİN DEĞERLENDRİLMESİ”
Ankara Üniversitesi Hukuk Fakültesi Dergisi, Vol. 57 No. 4 · 2008
DOI 10.1501/hukfak_0000001550