This dissertation will focus on the question of whether an advisory center for developing countries should be established as a sort of legal aid for investment disputes, although the international Centre for the settlement of investment disputes (ICSID) which is an international arbitration center for the resolution and conciliation between international investors does exist, it provides equal rights and obligations to enter into the dispute settlement process for all member countries. However the litigation process is complex and costly for developing countries, there are such limitations that do exist for developing country’s participation when they want to use the international Centre for the settlement of investment disputes, this dissertation will then have to focus on the reasons that will give rise to the establishment of the center, the challenges for the establishment of the advisory center and go further to look at the strengths and limitations of the establishment of an Advisory Centre, before giving some recommendations and the conclusion, In this regard, we will examine some possible recommendations for the establishment of an advisory center on investment law for developing countries which will help to develop a more effective working dispute settlement mechanism for developing countries.
Table of Contents
CHAPTER I: GENERAL INTRODUCTION
I.1. RESEARCH PROBLEM
I.2. RESEARCH OBJECTIVE
I.3. CHAPTER OUTLINE
I.4. THE ESTABLISHMENT OF AN ADVISORY CENTRE FOR DEVELOPING COUNTRIES AS A SORT OF LEGAL AID FOR INVESTMENT DISPUTES.
I.5. THE POSSIBLE SCOPE OF ACTIVITIES OF AN ACIIL
CHAPTER II: CHALLENGES FOR THE ESTABLISHMENT OF AN ADVISORY CENTRE FOR DEVELOPING COUNTRIES
II.1. DETERMINING THE LIST OF BENEFICIARIES
II.2. DETERMINING THE SCOPE OF SERVICES PROVIDED BY THIS ADVISORY CENTRE
II.3. TRANSITIONAL PERIOD OF THE ADVISORY CENTER
II.4. FUNDING OF THE ADVISORY CENTER ON INTERNATIONAL INVESTMENT LAW
II.5. POLITICAL INFLUENCE AND OWNERSHIP
CHAPTER III: THE STRENGTHS AND LIMITATIONS OF THE ESTABLISHMENT OF AN ADVISORY CENTRE
III.1. THE STRENGTHS
III.1.1. Capacity building
III.1.2. Advice and Representation of under resourced developing countries
III.1.3. The provision of defense for developing economies
III.1.4. An independent body to manage issues related to investment
III.2. LIMITATIONS FOR THE ESTABLISHMENT OF THE ADVISORY CENTER ON INTERNATIONAL INVESTMENT LAW.
III.2.1. The Cost of running the Advisory Centre
III.2.2. Limits in Institutional structure
III.2.3. Corruption as a limit in the establishment of the ACIIL
III.2.4. Cultural differences as a limit in the establishment of the ACIIL
CHAPTER IV: RECOMMENDATIONS FOR THE ESTABLISHMENT OF AN ADVISORY CENTER ON INVESTMENT LAW FOR DEVELOPING COUNTRIES
IV.1. INSTITUTIONAL BUILDINGS
IV.2. THE USE OF ALTERNATIVE DISPUTES RESOLUTIONS MECHANISM
IV.3. FINANCIAL ASSISTANCE TO DEVELOPING COUNTRIES
IV.4. PROVISION OF CHEAP DEFENSE SCHEMES AND LEGAL ASSISTANCE
IV.5. INSTITUTIONAL TRANSPARENCY OF THE ADVISORY CENTER
CHAPTER V: CONCLUSION
Objectives and Topics
This thesis examines the feasibility and necessity of establishing an Advisory Centre on International Investment Law (ACIIL) to serve as a legal aid facility for developing and least-developed countries. The work aims to identify key challenges, evaluate potential benefits, and provide actionable recommendations for creating a transparent, effective, and independent mechanism to support these nations in investor-state dispute settlement (ISDS) proceedings.
- The role of an Advisory Centre as a legal aid mechanism for developing nations.
- Overcoming barriers to participation in international investment arbitration.
- Comparative analysis with the Advisory Centre on WTO Law (ACWL) model.
- Strategies for institutional capacity building, dispute prevention, and affordable defense.
- Maintaining institutional independence, financial viability, and transparency.
Excerpt from the Book
III.1.2. Advice and Representation of under resourced developing countries
Advisory services or advice that would be provided by this advisory center could begin for instance from the negotiation of a treaty or a contract involving foreign investors with the host country to the assessment of the contract between investors. This we mean that the advisory Center will be assisting member countries in early dispute prevention policies that could arise in the future, the center could prevent this by coming up with some conflict management systems that may help should a conflict arise between the investors and the developing country. Early assessment of a case to identify the type of reaction and strategy is also a valuable service that will enable the advisory Centre to decide on the course of action, on whether to settle amicably, pursue a mediation or a conciliation, or to prepare the defense of an arbitration case
States engaging in international investment agreements or investment contracts with foreign investors may require advisory services on upstream prevention mechanisms, ranging from negotiating good treaties, negotiating good contracts, providing early alerts about problems, addressing problems with investors, and providing responses to government officials when they encounter problems in their day-to-day dealing with investors50. “A number of recent studies on dispute prevention policies and investor-state dispute management mechanisms are available that identify the type of assistance needed by a state to establish a lead agency, ensure proper attention to potential disputes, provide adequate responses to problems with foreign investors, and defend the interests of the state at each stage”51.
Many states could benefit from expert advice on international investment law and policy, covering (i) risk assessment (helping states evaluate their investment treaties and contracts in light of domestic legal frameworks and key investment sectors); (ii) risk mitigation (helping states avoid disputes by promoting awareness of and compliance with investment obligations); and (iii) risk management (helping states implement the pillars of investment-dispute management, standard operating procedures for handling notices, proper authorities for representing the state effectively, appropriate coordination within and outside the government, the ability to properly evaluate and instruct outside counsel, and resources to pay the costs of mediation or arbitration within the ACIIL.52
Summary of Chapters
CHAPTER I: GENERAL INTRODUCTION: This chapter introduces the research problem regarding the low participation of developing countries in investor-state disputes and outlines the objective of exploring an Advisory Centre as a solution.
CHAPTER II: CHALLENGES FOR THE ESTABLISHMENT OF AN ADVISORY CENTRE FOR DEVELOPING COUNTRIES: This chapter analyzes the obstacles to establishing such a centre, including beneficiary determination, scope of services, funding, and the impact of political influence.
CHAPTER III: THE STRENGTHS AND LIMITATIONS OF THE ESTABLISHMENT OF AN ADVISORY CENTRE: This chapter weighs the advantages, such as capacity building and defense support, against the limitations, including high operational costs, institutional structure, and corruption.
CHAPTER IV: RECOMMENDATIONS FOR THE ESTABLISHMENT OF AN ADVISORY CENTER ON INVESTMENT LAW FOR DEVELOPING COUNTRIES: This chapter proposes concrete models for the institution, including the use of alternative dispute resolution mechanisms, financial aid, and institutional transparency.
CHAPTER V: CONCLUSION: The final chapter summarizes the research, reaffirming the necessity of an ACIIL to facilitate a more inclusive and effective investment dispute settlement regime.
Keywords
International Investment Law, Advisory Centre, Developing Countries, Investor-State Dispute Settlement (ISDS), Legal Aid, Capacity Building, Arbitration, Dispute Prevention, WTO, Institutional Transparency, Investment Treaties, ADR, Mediation, Conciliation, Defense Services.
Frequently Asked Questions
What is the primary focus of this dissertation?
The dissertation investigates whether an international advisory center for investment law should be established to provide legal aid and support to developing and least-developed countries in investor-state disputes.
What are the central themes discussed in the work?
The central themes include the disproportionate costs and complexities of international arbitration for developing nations, the necessity for capacity building, and the search for an effective legal support mechanism similar to the ACWL.
What is the ultimate research objective?
The objective is to analyze the challenges, strengths, and limitations of creating an ACIIL and to provide clear, actionable recommendations for its successful implementation.
Which scientific methodology is primarily employed?
The research relies on a qualitative, analytical approach, reviewing existing literature, international conventions, and proposals from bodies like UNCITRAL to evaluate the feasibility of an advisory institution.
What is addressed in the main body of the work?
The main body covers the obstacles in arbitration (such as cost and lack of expertise), the potential benefits (such as leveling the playing field), and detailed proposals for structure, funding, and operational scope.
Which keywords characterize this thesis?
Key terms include International Investment Law, Developing Countries, ISDS, Legal Aid, Capacity Building, Arbitration, and Dispute Prevention.
How does the author propose to solve the problem of political influence?
The author suggests structuring the advisory center as an independent international body where each member state holds an equal vote, regardless of financial contribution, to ensure neutrality.
Why is the WTO Advisory Centre (ACWL) model considered relevant?
The ACWL is highlighted as a successful precedent for providing legal assistance and training to developing countries, serving as a blueprint for addressing similar resource gaps in investment law.
- Quote paper
- Blaise Tayou (Author), 2020, The question whether an advisory center for developing countries should be established. A sort of legal aid facility for investment law, Munich, GRIN Verlag, https://www.grin.com/document/1157562
