This book advances the idea that in order to address some of the
criticisms against investor-state dispute settlement, a large
majority of states have taken a 'normative' strategy, negotiating
or amending investment treaties with provisions that potentially
give more control and greater involvement to the contracting
parties, and notably the home state. This is particularly true of
agreements concluded in the past fifteen years. At the same time,
there is a potential revival of the 'remnants' of diplomatic
protection that are embedded in investment treaties since the
beginning of the system. But why is the home state being brought
back into a domain from which it was expressly excluded several
decades ago? Why would a home state be interested in intervening in
these conflicts? Is this 'new' role of the home state in foreign
investment disputes a 'return' to diplomatic protection of its
nationals, or are we witnessing something different?
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