Author(s)

Jingtong Zhou ¹

Affiliation(s)

¹ School of Law, University of Glasgow, Scotland, United Kingdom

Corresponding Author

Jingtong Zhou

ABSTRACT

This paper examines the enduring relevance of diplomatic protection in the context of international investment law, juxtaposing its role against contemporary International Investment Agreements (IIAs), such as bilateral investment treaties (BITs) and investor-state dispute settlement (ISDS) mechanisms. Despite the proliferation of BITs and the growing reliance on ISDS, diplomatic protection remains an indispensable tool, offering unique benefits not fully replicated by modern mechanisms. This study explores how diplomatic protection continues to serve as a critical recourse for investors, particularly where BITs and ISDS systems are inapplicable or ineffective. The analysis underscores diplomatic protection's flexibility and its ability to navigate diverse legal systems, arguing that its significance persists amidst evolving investment protection frameworks. The paper concludes that diplomatic protection not only complements the landscape of international investment law but also provides a necessary safeguard for investors, reinforcing the need for a nuanced understanding of its advantages in safeguarding foreign investments.

KEYWORDS

Diplomatic Protection, International Investment Law, Foreign Investment Protection

CITE THIS PAPER

Jingtong Zhou, Evolving Paradigms of Investor Safeguards: An Analytical Review of Diplomatic Protection in the Era of Contemporary International Investment Agreements. Information Systems and Economics (2024) Vol. 5: 171-174. DOI: http://dx.doi.org/10.23977/infse.2024.050421.

REFERENCES

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[3] Foster GK, 'Recovering Protection and Security: The Treaty Standard's Obscure Origins, Forgotten Meaning, and Key Current Significance' (2012) 45 Vanderbilt Journal of Transnational Law 1095 p1095, p1119.  
[4] Söderlund C, 'Intra-EU BIT Investment Protection and the EC Treaty' (2007) 24 Journal of International Arbitration p455, p459. 
[5] A. Kozulin, N. Tanovitskaya, N. Minchenko Developing a national strategy for the conservation and sustainable use of peatlands in the Republic of Belarus[J]. Mires and Peat, 2018, 21(5).
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