I.

TOPIC:

The Act of State Doctrine’s Application in Investment Arbitration.

II. QUESTION:

How effective is the act of state doctrine in investment arbitrations?

III. PROBLEM:

The Act of State Doctrine is one of the legal doctrines closely related to
state immunity. However, there are criticism surrounding this doctrine
and regards it as a mean of reintroducing absolute state immunity and
imbalance in investment arbitration. This essay is written with the scope
to explore the concept and application of the act of state doctrine
concerning investment disputes.

IV. REFERENCE AND EVALUATION:

1. “International Law”, Malcolm Shaw, Cambridge University Press, 2008.

1.1. Evaluate the reliability:
1.1.1. It was public by Cambridge University Press. “Cambridge
University Press (CUP) is the publishing business of the
University of Cambridge. Cambridge University Press is a
department of the University of Cambridge and is both an
academic and educational publisher. With a global sales presence,
publishing hubs, and offices in more than 40 countries, it publishes
over 50,000 titles by authors from over 100 countries. Its
 publishing includes academic journals, monographs, reference
works, textbooks, and English language teaching and learning
publications.” The publisher is a reputable press.
1.1.2. The book had been peer-reviewed.
1.1.3. Malcolm N. Shaw, QC, is a practising barrister at Essex Court
Chambers and Senior Fellow at the Lauterpacht Centre for
International Law at the University of Cambridge. One of the
world's leading international lawyers, he is an Associé of the
Institut de Droit International, Trustee of the British Institute of
International and Comparative Law and a founding member of
Curatorium, Xiamen Academy of International Law, China. He
has been awarded the decoration of 'Officier de l'Ordre de la
Valeur' by the Republic of Cameroon. The author is a reputable
scholar.
1.1.4. The research source is not available only online.
1.1.5. The book was published in 2008, according to the timeline, it was
considered as current for the essay.
1.1.6. The book has notes and a bibliography.
1.1.7. This is not a website.
In conclusion, this source has high reliability.
1.2. Evaluate the relevance: International Law is the definitive and
authoritative text on the subject. This book offers the basic concept
and other matter surrounding the act of state doctrine and investment
arbitration.

2. “Handbook of International Law”, Anthony Aust, Cambridge University

Press, Oct 27, 2005.
2.1. Evaluate the reliability:
2.1.1. It was public by Oxford University Press. “With origins dating
back to 1478, Oxford University Press (OUP) is the world's largest
university press with the widest global presence. Our Global
Academic Publishing program spans the entire academic and
higher education spectrum, including a wide array of scholarly and
general interest books, journals, and online products.” The
publisher is a reputable press.
2.1.2. The book had been peer-reviewed.
 2.1.3. Mr. Anthony Aust worked in British Diplomatic Service (1967-
2002), retiring as Deputy Legal Adviser and was a Legal Adviser
(Counsellor) to the United Kingdom Mission to the United Nations
in New York, 1988-1991. He is also a Visiting Professor of
London School of Economics and University College London. The
author is a reputable scholar.

2.1.4. The research source is not available only online.

2.1.5. The book was published in 2005, according to the timeline, it was
considered as current for the essay.
2.1.6. The book has notes and a bibliography.
2.1.7. This is not a website.
In conclusion, this source has high reliability.

2.2. Evaluate the relevance: A concise account of international law by an

experienced practitioner, this book explains how states and
international organisations, especially the United Nations, make and
use international law. The nature of international law and its
fundamental concepts and principles are described. This book offers
the basic concept and other matter surrounding the act of state
doctrine and investment arbitration.

3. “Akehurst's Modern Introduction to International Law”, Peter Malanczuk,

Michael Barton Akehurst, Routledge, Apr 12, 2002.
3.1. Evaluate the reliability:
3.1.1. It was public by Routledge. “Routledge is the world's leading
academic publisher in the Humanities and Social Sciences. We
publish thousands of books and journals each year, serving
scholars, instructors, and professional communities worldwide.
Routledge is a member of Taylor & Francis Group, an informa
business.” The publisher is a reputable press.
3.1.2. The book had been peer-reviewed.
3.1.3. Michael Barton Akehurst (1940 - 4 October 1989) was an
international lawyer. Akehurst was educated at Monkton Combe
 School, Somerset, then Emmanuel College, Cambridge (MA,
LLB) and the University of Paris, where he received a Doctorate.
After working for the United Nations Relief and Works Agency
for Palestine Refugees in the Near East in Beirut, he spent the rest
of his career in the Department of Law at Keele University and he
was a member of the editorial committee of the British Yearbook
of International Law. The author is a reputable scholar.

3.1.4. The research source is not available only online.

3.1.5. The book was published in 2002, according to the timeline, it was
considered as current for the essay.
3.1.6. The book has notes and a bibliography.
3.1.7. This is not a website.
In conclusion, this source has high reliability.

3.2. Evaluate the relevance: A Modern Introduction to International Law

rapidly established itself as the most widely used and successful
textbook in its field. This book offers the basic concept and other
matter surrounding the act of state doctrine and investment arbitration.

4. “Understanding International Law”, Conway W. Henderson, John Wiley &

Sons, Nov 25, 2009.
4.1. Evaluate the reliability:
4.1.1. It was public by John Wiley & Sons. “Wiley is a global provider
of content and content-enabled workflow solutions in areas of
scientific, technical, medical, and scholarly research; professional
development; and education. Our core businesses produce
scientific, technical, medical, and scholarly journals, reference
works, books, database services, and advertising; professional
books, subscription products, certification and training services
and online applications; and education content and services
including integrated online teaching and learning resources for
undergraduate and graduate students and lifelong learners.” The
publisher is a reputable press.
4.1.2. The book had been peer-reviewed.
 4.1.3. Conway W. Henderson is a retired professor of Political Science
who has taught courses in International Relations and International
Law for more than three decades. The author is a reputable
scholar.

4.1.4. The research source is not available only online.

4.1.5. The book was published in 2009, according to the timeline, it was
considered as current for the essay.
4.1.6. The book has notes and a bibliography.
4.1.7. This is not a website.
In conclusion, this source has high reliability.

4.2. Evaluate the relevance Understanding International Law presents a

comprehensive, accessible introduction to the various aspects of
international law while addressing its interrelationship with world
politics. This book offers the basic concept and other matter
surrounding the act of state doctrine and investment arbitration.

5. “The Act of State Doctrine”, Michael Zander, The American Journal of

International Law, Vol. 53, No. 4 (Oct., 1959), pp. 826-852, Cambridge
University Press.
5.1. Evaluate the reliability:
5.1.1. It was public by Oxford University Press. “With origins dating
back to 1478, Oxford University Press (OUP) is the world's largest
university press with the widest global presence. Our Global
Academic Publishing program spans the entire academic and
higher education spectrum, including a wide array of scholarly and
general interest books, journals, and online products.” The
publisher is a reputable press.
5.1.2. The book had been peer-reviewed.
5.1.3. Michael Zander took a Double First Honours Degree at
Cambridge, obtained a First Class in the LLB and was awarded the
Whewell Scholarship in International Law. He took an LLM at
Harvard and worked for a year with Sullivan & Cromwell on Wall
Street. He was made an Honorary QC in 1997 and was appointed a
Senior Fellow of the British Academy in 2005. He retired from
 full-time teaching in 1998. In 2010 he received an Honorary
Doctorate of Laws at King's College, London. The author is a
reputable scholar.

5.1.4. The research source is not available only online.

5.1.5. The article was published in 1959, according to the timeline, it was
considered as not current for the essay.
5.1.6. The article has notes and a bibliography.
5.1.7. This is not a website.
In conclusion, this source has high reliability.

5.2. Evaluate the relevance: This article offers the basic concepts and other
matters surrounding the act of state doctrine. It also examines the
effect of the act of state doctrine in various field, including
international investment law.

6. “Abolishing the Act of State Doctrine”, Michael J. Bazyler, University of

Pennsylvania Law Review, Vol. 134, No. 2 (Jan., 1986), pp. 325-398.
6.1. Evaluate the reliability:
6.1.1. It was public by The University of Pennsylvania Law Review.
“Founded in 1852 as the American Law Register, the University of
Pennsylvania Law Review is the nation’s oldest law review. In the
2017-2018 academic year, the Law Review will publish its 166th
volume. The Law Review has both a professional and an
educational mission. It serves the legal profession, the bench, the
bar, and the academy by providing a forum for the publication of
original legal research of the highest quality. We accept and
scrutinize approximately 2,000 written submissions annually to
select approximately eighteen articles in each volume. We also
ensure uniformity in the citation of authority in legal scholarship
and court documents by cooperating with our peer organizations at
Columbia, Harvard, and Yale.” The publisher is a reputable press.
6.1.2. The book had been peer-reviewed.
6.1.3. Michael Bazyler is Professor of Law and The 1939 Society
Scholar in Holocaust and Human Rights Studies at the Fowler
School of Law, Chapman University. He is the author of
 Holocaust Justice: The Battle for Restitution in America's Courts
(2003), Holocaust Restitution: Perspective on the Litigation and its
Legacy (co-authored with Roger Alford, 2006), Forgotten Trials of
the Holocaust (co-authored with Frank Tuerkheimer, 2014), and
numerous articles on international human rights law. He has
testified before Congress and his writings have been cited by the
United States Supreme Court. The author is a reputable scholar.

6.1.4. The research source is not available only online.

6.1.5. The article was published in 1986, according to the timeline, it was
considered as not current for the essay.
6.1.6. The article has notes and a bibliography.
6.1.7. This is not a website.
In conclusion, this source has high reliability.

6.2. Evaluate the relevance: This article gives a new perspective about the
act of state doctrine and put forwards criticism of this doctrine. It also
examines the effect of the act of state doctrine in various field,
including international investment law.

7. “ International Investment Law and Arbitration”, Chin Leng Lim, Jean Ho,
Martins Paparinskis, Cambridge University Press, Apr 26, 2018.
7.1. Evaluate the reliability:

7.1.1. It was public by Oxford University Press. “With origins dating

back to 1478, Oxford University Press (OUP) is the world's largest
university press with the widest global presence. Our Global
Academic Publishing program spans the entire academic and
higher education spectrum, including a wide array of scholarly and
general interest books, journals, and online products.” The
publisher is a reputable press.
7.1.2. The book had been peer-reviewed.
7.1.3. C. L. Lim is the Choh-Ming Li Professor of Law and practises at
the Bar of England and Wales with a leading commercial set in
London where his work typically involves complex public and
private international law. He is a Visiting Professor at King's
 College London and also in Shanghai under the 1,000 Plan, hosted
by the Shanghai Institute of Foreign Trade. He joined the Chinese
University of Hong Kong in 2017 following a decade as Professor
of Law at Hong Kong University where he was a member of
Senate and Court. The author is a reputable scholar.

7.1.4. The research source is not available only online.

7.1.5. The article was published in 2018, according to the timeline, it was
considered as current for the essay.
7.1.6. The article has notes and a bibliography.
7.1.7. This is not a website.
In conclusion, this source has high reliability.

7.2. Evaluate the relevance: This book offers specialized understanding in

international investment law, especially in artbitration in this field.

8. “Investor-State Arbitration”, Christopher Dugan, Don Wallace, Noah

Rubins, Borzu Sabahi, OUP USA, Nov 25, 2011.
8.1. Evaluate the reliability:

8.1.1. It was public by Oxford University Press. “With origins dating

back to 1478, Oxford University Press (OUP) is the world's largest
university press with the widest global presence. Our Global
Academic Publishing program spans the entire academic and
higher education spectrum, including a wide array of scholarly and
general interest books, journals, and online products.” The
publisher is a reputable press.
8.1.2. The book had been peer-reviewed.
8.1.3. Christopher F. Dugan is a partner at Paul, Hastings, Janofsky &
Walker LLP and chairs its International Arbitration practice. He is
an adjunct professor at Georgetown University Law Center. Don
Wallace, Jr. is Professor Emeritus and Adjunct Professor and
Chairman of the International Law Institute at the Georgetown
University Law Center. He is of counsel in Winston & Strawn
LLP's litigation group. Noah Rubins is a partner at Freshfields
Bruckhaus Deringer. He is a member of the international
 arbitration and public international law groups, and the head of
Freshfields' Russia/CIS Dispute Resolution subgroup. Borzu
Sabahi is an Adjunct Professor at the Georgetown University Law
Center and counsel to Fulbright & Jaworski LLP. He specializes in
investment and commercial arbitration.. The authors are a
reputable scholars.

8.1.4. The research source is not available only online.

8.1.5. The article was published in 2011, according to the timeline, it was
considered as current for the essay.
8.1.6. The article has notes and a bibliography.
8.1.7. This is not a website.
In conclusion, this source has high reliability.

8.2. Evaluate the relevance: Investor-State Arbitration describes the

increasing importance of international investment and the necessary
development of a new field of international law that defines the
obligations of host states and creates procedures for resolving
disputes. The authors examine the international treaties that allow
investors to proceed with the arbitration of their claims, describe the
most-commonly employed arbitration rules, and set forth the most
important elements of investor-State arbitration procedure. This book
offers specialized understanding in international investment law,
especially in artbitration in this field.

9. The 1965 Convention on the Settlement of Investment Disputes between

States and Nationals of Other States.
9.1. Evaluate the reliability:

9.1.1. It was public by International Centre for Settlement of

Investment Disputes. “The International Centre for Settlement of
Investment Disputes is an international arbitration institution
established in 1966 for legal dispute resolution and conciliation
between international investors. The ICSID is part of and funded
by the World Bank Group, headquartered in Washington, D.C., in
the United States.” The publisher is a reputable press.
 9.1.2. The research source is not available only online.
9.1.3. The article was published in 1965, according to the timeline, it was
considered as current for the essay.
9.1.4. The convetion has notes and a bibliography.
9.1.5. This is not a website.
In conclusion, this source has high reliability.

9.2. Evaluate the relevance: The convention governs the basic rules and
regulations concerning investment arbitration and act of state doctrine.

10. United Nations UNCTAD: https://investmentpolicyhub.unctad.org/IIA

10.1. Evaluate the reliability:

10.1.1. The website is the official website of UNCTAD - The United

Nations Conference on Trade and Development. UNCTAD is a
permanent intergovernmental body established by the United
Nations General Assembly in 1964. UNCTAD is part of the UN
Secretariat. We report to the UN General Assembly and the
Economic and Social Council but have our own membership,
leadership, and budget. It is also part of the United Nations
Development Group.
10.1.2.The research source is available only online. The sponsor of the
website is United Nations.
10.1.3.The website has notes and a bibliography.
10.1.4.This is a website. It approachs the topic judiciously.
In conclusion, this source has high reliability.

10.2. Evaluate the relevance: The website provides law cases concerning
investment arbitration and act of state doctrine.