Chapter 1 The Process of Jurisdictional Regulation in Investment Treaty Arbitration

In: Beyond Consent
Author:
Relja Radović
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Chapter 1 examines the process of jurisdictional regulation in investment treaty arbitration. It starts from general international law and the consensualism of international adjudication, and proceeds to the specific context of investment treaty arbitration. It argues that consensualism, as a general principle of international law, continues to govern the process of jurisdictional regulation in investment treaty arbitration, and confers the power to define jurisdictional rules on disputing parties exclusively. The principle has persisted because of the function it exercises in the absence of a central legislative authority, and it has not been affected by contextual developments in the theory and practice of international law and international investment law. International jurisdiction is in its essence founded on a contractual relationship between disputing parties, who define the authority to adjudicate of an arbitral tribunal. However, thus provided jurisdictional rules usually leave a number of jurisdictional questions open, whose answering is necessary on a trajectory towards jurisdictional determinations.

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