Investor-State Disputes in Balkan, post-Soviet Union and Near and Middle East Countries: An Empirical Appraisal

The network of international investment agreements (IIAs) sees a rapid expansion in the last three decades. With it also the number of international investor-State disputes (ISDS), where foreign investors allege governments of breaches of IIAs, increases sharply also in Balkan, post-Soviet Union and Near and Middle East (BSNME) countries. These disputes are frequently seen to negatively interfere with the national sovereignty of host governments to enact regulation in the public interest, especially in times when regulatory interventions are necessary from a social welfare viewpoint. Against this background, in this paper we appraise the current state of ISDS in BSNME countries: Are BSNME countries prime targets of foreign investors’ arbitral claims? Which economic sectors are targeted by investors? What is the outcome of the arbitral councils’ deliberations? What can we infer from the experience of BSNME countries with ISDS about the future role of IIAs for these countries? We conclude that further improvements in governance are key factors in the attempt to optimize the trade-off between attraction of foreign investment via the ratification of IIAs and national sovereignty in policy making.