The Nature and Enforcement of Investor Rights Under Investment Treaties: Do Investment Treaties Have a Bright Future?

Susan Franck, Washington and Lee University School of Law


The number of bilateral and multilateral investment treaties has surged in the past decade. Investors are actively using these treaties to bring claims against sovereign states, and many of these tribunals have come to conflicting - if not diametrically opposed - results on the meaning of substantive treaty rights. This article evaluates the positive and negative attributes of such inconsistencies and the impact upon the rule of law. The article recommends building safeguards into the current dispute resolution process to minimize the negative impact of inconsistency and maximize its positive attributes.