Investor State Dispute Settlement (ISDS): The Rise and Fall of a Remarkable Institution

投资者-国家争端解决机制：一个重要制度的兴起与衰落

By: Prof. W. Michael Reisman, Myres S. McDougal Professor of International Law, Law School, Yale University

Date and time: Thursday, April 26^th 2018, 15:00-16:30

Place: 1^st Conference Room, 4^th Floor, Kaitai Building, Suzhou Campus

Renmin University of China, No.158, Ren’ai Roard, Suzhou Industrial Park

摘要：

Through the 18^th century, the making of international economic law was monopolized by the great European powers, who applied it unilaterally. In 1907, Luis Drago, then Minister of Foreign Relations of Argentina, sent a public letter to the U.S. protesting this unilateral procedure. Drago’s initiative gave rise in 1907 to the so-called Porter Convention which limited the use of force for the collection of contract debts in return for agreement by the debtor state to submit to inter-state arbitration. The Washington Convention of 1965 (ICSID) refines the method originally proposed by Señor Drago by establishing the model of investor-state dispute resolution. It has flourished until now but has come under attack from a number of directions and could, along with other foundational girders of the rule-based international system, disintegrate.

主讲人介绍：

W. Michael Reisman is Myres S. McDougal Professor of International Law at the Yale Law School where he has been on the Faculty since 1965. He has been a visiting professor in Tokyo, Hong Kong, Berlin, Basel, Paris and Geneva. He is a Fellow of the World Academy of Art and Science and a former member of its Executive Council, a former member of the Advisory Committee on International Law of the Department of State, President of the Arbitration Tribunal of the Bank for International Settlements, and a member of the Board of The Foreign Policy Association. He has been elected to the Institut de Droit International. He was President of the Inter-American Commission on Human Rights of the Organization of American States, Vice-President and Honorary Vice-President of the American Society of International Law, Editor-in-Chief of the American Journal of International Law, and Vice-Chairman of the Policy Sciences Center, Inc. He has served as arbitrator and counsel in many international cases and was presiding arbitrator in the OSPAR arbitration (Ireland v. UK) and arbitrator in the Eritrea/Ethiopia Boundary Dispute and in the Abyei (Sudan) Boundary Dispute.

学生事务部

研究生会学术部

2018年4月12日