Volume 52 (2018) / Issue 3
Contemporary jurisprudence of international adjudication has seen an emerging trend of the convergence of WTO dispute settlement mechanism (DSM) and international investment arbitration (IIA). Although there is currently a scarcity of a general conceptual framework for the convergence, which leads to an ambiguous threshold of resemblance, interaction or integration that can be considered to form or indicate the convergence, it has become evident by now that the convergence, both extant and emerging, has been and is being promoted directly or indirectly by a number of driving forces. Economic reality that increases the inter-linkage between trade and investment, the confluence of public and private international law, the homogeneity of trade and investment dispute resolution and the utilization of WTO DSM and IIA as complementary tools to enforce trade and investment commitments are arguably four primary driving forces that are able to converge WTO DSM and IIA.
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