Scholarship@Cornell Law: A Digital Repository

Article Title

The ICSID Under Siege

Authors

Leon E. Trakman

Keywords

Ideology, Commercial arbitration, Analysis, Prejudices, Political aspects

Abstract

Rights-based processes, including binding arbitration and traditional court trials, have limited remedies and may not address the full range of interests and needs that the parties may have. Disputes resolved on the basis of power (e.g. through gunboat diplomacy, or at the extreme, violence and war) weight the outcome in favour of the party with the most leverage, status and resources, but this may be costly on the relationships involved and may result in failure to vindicate rights.(1)

Recommended Citation

Trakman, Leon E. (2012) "The ICSID Under Siege," Cornell International Law Journal: Vol. 45: No. 3, Article 3.
Available at: https://scholarship.law.cornell.edu/cilj/vol45/iss3/3