UNCITRAL Uluslararası Yatırım Uyuşmazlıklarının Çözümüne İlişkin Danışma Merkezi'nin Uluslararası Yatırım Tahkimi Sistemine Yöneltilen Eleştiriler Bakımından Değerlendirilmesi

Arbitration has emerged as the predominant method for resolving disputes between foreign investors and host states over the past three to four decades. However, its widespread use has also given rise to significant challenges and critiques. Concerns about the system’s legitimacy and declining state confidence have spurred international discussions on potential reforms or alternative approaches. Key criticisms include the system’s inability to produce consistent decisions, its lack of predictability and transparency, existing doubts concerning the impartiality and independence of both the arbitrators and the system itself, the lack of respect for the sovereignty of states and their right to access to justice, and the limitation of their policy space in matters of public interest. In response to these issues, UNCITRAL adopted the Draft Statute for establishing an Advisory Centre on International Investment Law in July 2024. This initiative forms part of broader reform efforts aimed at addressing systemic shortcomings. The Advisory Centre seeks to enhance the capacity of states, …

Key Words: Investor-State Dispute Settlement, Legitimacy, UNCITRAL Advisory Centre…