Die staatliche Zustimmung zum Investor-Staat-Schiedsverfahren und die Möglichkeit ihrer Rücknahme

The publication examines the consent to investor–state arbitration contained in investment treaties and the question of whether states can withdraw it unilaterally. It analyses the functions of this consent, categorizes ISDS clauses based on treaty practice, and explores their legal nature in relation to investors. The consent is qualified as an individual right under public international law, enabling investors to conclude an arbitration agreement. Particular attention is given to the conflict-of-laws perspective, which determines the law applicable to consent in the investor–state relationship. The publication concludes that a unilateral withdrawal of consent is legally impossible.