• https://doi.org/10.1093/law-iic/9780192857262.003.0005Copy DOI Icon

Conclusions

  • Nov 9, 2023
  • Michail Risvas
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Abstract

Abstract This chapter covers the importance of the work on non-discrimination in international investment treaty arbitration. It explains that case law of investment treaty arbitral tribunals on non-discrimination obligations contained in investment treaties demonstrated that there is no jurisprudence constante about key legal questions. Moreover, non-discrimination obligations in international investment treaty arbitration fall within the ‘disparate treatment’ paradigm. Thus, disparate treatment and disparate impact are considered as main paradigms of discrimination demonstrated by non-discrimination legislation and case law in the US, EU, and international human rights law. The chapter looks into a comprehensive and systematic analytical and normative framework of the most complex areas of international investment law.

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