ABSTRACT
This conclusion presents some closing thoughts on the key concepts discussed in the preceding chapters of this book. The book considers some of the cases that includes Swissbourgh Diamond Mines (Pty) Ltd v. Lesotho and Southern Pacific Properties v. Arab Republic of Egypt, disputing parties in investor–state dispute settlement (ISDS), investors and states often resort to domestic courts when attempting to set aside an investment award. ISDS tribunals only have jurisdiction to adjudicate disputes originating from alleged breaches of a treaty provision and Bilateral Investment Treaties (BITs) do not usually contain any provisions dealing with substantive human rights obligations. Although BITs continue to be binding on the member states as a matter of public international law, member state BITs have to be evaluated from the perspective of the exclusive competence of the EU.
