This Article
identifies the problems of an Appellate Mechanism for ISDS Tribunals in
relation with its possible benefits. We propose the inclusion of certain design
features to improve the working of an eventual Appellate Mechanism and help
mitigate problems related to procedural, conflict resolution, and substantive
concerns. We finish by identifying the most central problems with a possible Appellate
Mechanism, which helps to narrow down options within the ongoing reform process
at UNCITRAL. Overall, we illustrate how institutional choice is always
contextual and that all institutional options are imperfect and subject to
important trade-offs.
~ 若您對這篇文章有興趣,請親自到中心圖書館查閱。 ~