ISDS and Nazis or History Without Context: A Reply to Gary Born

نویسندگان

چکیده

Gary Born’s article ‘The 1933 Directives on Arbitration of the German Reich: Echoes Past?’ fascinates for good and not so reasons in almost equal measure. The author skillfully illuminated a rarely-discussed episode arbitral legal history aimed to apply its lessons current debates surrounding investor-state dispute settlement (ISDS) reform. overarching argument is that criticism and/or reform arbitration reckless reminiscent National Socialist efforts curb private-public – risking undermining rule law even allowing ‘history repeat itself’. As much as part worthy contribution, this later laden with problematic claims unfortunate parallels. criticisms potential (fairly limited) reforms ISDS are portrayed missteps towards totalitarian abyss. Yet can sometimes help promote law, it an indispensable ‘bulwark’ against state oppression. historically recent invention, more case law. It deals wide-reaching objectively often controversial substantive rules, making proposals unsurprising. Crucially, if investorstate disappeared completely, Nazi horrors would itself. commercial arbitration, reform, Nazism

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ژورنال

عنوان ژورنال: Journal of International Arbitration

سال: 2022

ISSN: ['0255-8106', '2212-182X']

DOI: https://doi.org/10.54648/joia2022025