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Japanese Investment Treaties: Reconciling Competing Interests in a Multipolar World

Year of Publication: 2022
Month of Publication: 12
Author(s): M. Sornarajah
Research Area(s): Public International Law
Journal Name: Journal of Law and Politics
Volume Number: 89
Issue Number: 3
Abstract:

This paper discusses the practice of Japan relating to investment treaties and investment arbitration. Japanese companies preferred not to have recourse to contentious methods of dispute resolution but the attitude seems to be changing with arbitrations brought against foreign states. The treaty practice of Japan is changing as well with the newer treaties indicating a preference for balanced treaties that contain defences to state liability. These changes are assessed in this paper.

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