Innerstaatliche Umsetzung und demokratische Legitimation von ICSID-Investitionsschiedssprüchen

The paper is the first to analyze the democratic legitimation of investment arbitration tribunals, which is often discussed in public but not yet fully researched. Initially, the content of the FET clauses is conclusively examined on the basis of the decisions of the arbitral tribunals. This is followed by an examination of how Germany could be bound by an investment arbitration award and what constitutional consequences follow from this. After considering the relevance under constitutional law and the implications for the Right to Regulate, it is determined what degree of democratic legitimacy the arbitral tribunals have and whether this satisfies the principle of democracy.