16:50 - 18:30
PS10
Room:
Room: Meeting Room 2.2
Panel Session 10
Natalia Piskunova - Russian Foreign Policy and the International Law in 1990s versus 2000s: Using, Misusing, or Creating a New Norm?
Barry Hashimoto, Kevin W. Gray - Ethnic discrimination in international criminal justice: analyzing the complete trial records of the tribunals for the former Yugoslavia
Felix Schulte - What’s law got to do with it? How the degree of legalization affects the success of post-conflict autonomy agreements
Øyvind Stiansen - Compliance with Inconsistent Awards
Compliance with Inconsistent Awards
PS10-4
Presented by: Øyvind Stiansen
Tarald Berge 1, Taylor St John 2Øyvind Stiansen 3
1 University of South-Eastern Norway
2 University of St. Andrews
3 University of Oslo
Certain principles in international law are exceptionally controversial and as a result international adjudicators sometimes reach very different conclusions despite being presented with almost identical facts. Yet, we do not know if, or how, compliance with international obligations is affected by the consistency of international jurisprudence. When different panels of adjudicators disagree about the correct resolution of particular type of dispute, are states less likely to accept these awards? We address this question in the context of investor-state dispute settlement (ISDS), where different arbitration panels often reach different conclusions in almost identical cases. Using novel data on the compliance politics following 306 ISDS awards, we investigate the influence of inconsistency on compliance. Specifically, we evaluate whether states are less likely to comply with investment treaty awards when arbitrators invoke controversial standards of protection.