What question did this study set out to answer?

The aim is to analyze the legal nature of investment arbitration and its interplay between public and private law.

March 26, 2026

Investment Arbitration Between Public and Private Foundations: Qualification of Bilateral Investment Treaties and the Prevention of Fragmentation of International Law

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The article examines investment arbitration and its implications for international law, highlighting essential clarifications.

The aim is to analyze the legal nature of investment arbitration and its interplay between public and private law.
Analyzed the characteristics of bilateral investment treaties
Explored dispute settlement clauses interpretation
Evaluated the risks of international law fragmentation
Assessed domestic law's role in investor protection
Identified divergence in jurisdictional mechanisms and applicable law
Established the importance of systemic treaty interpretation
Highlighted the need for clearer definitions of 'jurisdiction' and 'applicable law'
Emphasized maintaining international law's primacy in investment obligations

Dmitry Semenovich Belkin (2016) studied this question.

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