An Appraisal from the Investor-State Dispute Settlement Perspectives: A Survey from Tanzanian Exposure To International Arbitration
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DOI:
https://doi.org/10.55662/CLRJ.2022.830Keywords:
ICSID, Investor-State Dispute Settlements, Exhaustion of Local RemedyAbstract
Dispute Settlement is a mechanism embodied in most investment treaties in Tanzania which provide rights to foreign investors who wish to invest in the Tanzanian economy to seek redress for damages arising out of alleged breaches by Tanzania as a host State of investment-related obligations[i]. Investor-state arbitration may regularly call for reconciliation of public international law doctrines with the private legal principles of contract law. This hybrid source of rights is generating new questions and in particular global challenges relating to the quality of awards and jurisdictional issues[ii]. However, Tanzania has been exposed to the international tribunal and the Country has not been effective in the negotiation, conclusion and enforcement of the related bilateral investment treaties. This article serves as an appraisal instrument on the investor-state dispute settlement mechanism through confirmatory research.
[i] Yannaca-Small, K. (2006), “Improving the System of Investor-State Dispute Settlement”, OECD Working Papers on International Investment, 2006/01, OECD Publishing. http://dx.doi.org/10.1787/631230863687
[ii] Ibid (fn 1)
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