Unique Aspects of Investment Agreements and Enhancing Their Integration into Civil-Legal Frameworks
Abstract
This article examines the unique aspects of investment agreements and the challenges they pose for their integration into civil-legal frameworks. Through a comparative legal analysis, the research identifies key tensions created by investor-state dispute settlement mechanisms, stabilization clauses, and national treatment provisions between the objectives of investment protection and promotion, and the goals of host states to regulate in the public interest and maintain sovereignty over their domestic legal systems. The article assesses various potential solutions and proposes policy recommendations and legal reforms, including strengthening the domestic legal and regulatory environment, enhancing transparency and stakeholder engagement, encouraging the development of balanced investment agreements, and fostering regional and international cooperation. By implementing these recommendations, states can enhance the integration of investment agreements into their civil-legal frameworks, addressing the challenges posed by the unique aspects of these agreements and promoting a more sustainable and equitable investment climate.