Reviewing Host State Conduct in Light of Public Interests

The standards of review of the host state conduct are of a great importance. However¡ these are not taken into consideration adequately. Even though investment treaty arbitration tribunals often consider these standards in the process of settling disputes¡ they cannot justify the principles of the standards of review in a clear fashion. In this essay¡ it is presumed that investment treaty arbitration is the internationalized form of reviewing host state conduct in public law disputes. Therefore¡ one can realize the standards of review in the framework of the principle of separation of powers. According to this approach¡ the capacity of reviewing the host state conduct is divided between the host state and the arbitral tribunal. The interaction of the considerations regarding the pacific settlement of disputes and those of the comparative public law would help in the realization of the afore-mentioned standards of review.