Pragmatism & Justice in International Investment Arbitration,
by Andreas Eibelshäuser
This presentation/paper is an evaluative approach to international investment arbitration. It builds on the basic concepts of the system, the theory of Legal Pragmatism, a conceptualisation of Justice and insights from Habermas' theory of systems and the lifeworld. The basic claim is that the pragmatisation of international investment arbitration creates a system that is decoupled from common norms, such as justice, and that we need to find ways to reattach the international investment arbitration to societal norms. As a concrete example, appellate review in international investment arbitration is proposed.
Track: International Adjudication
Expert: Luis Moreno Ocampo
Topic: International Legal Dispute Settlement
Workshop on the Investment Dispute between Philip Mprris and Uruguay,
by Luis Moreno Ocampo & Andreas Eibelshäuser
In order to curb smoking, Uruguay has implemented though regulations for the sale of cigarets. Philip Morris claims this is violating the Switzerland-Argentina Bilateral Investment Treaty.
The workshop given by Luis Moreno Ocampo and prepared by Andreas Eibelshäuser centred around the strategy behind international investment arbitration and the complexity of legal disputes. The strategic considerations of Uruguay and Philip Morris, the repercussions of the decisions in individual rationality for Global Order, as well as the value and complexity of a brand name like Marlboro were at debate.