Arbitrare le Controversie tra Investitori e Stati: un'Analisi Completa sull'ICSID e il suo Ruolo nell'Amministrazione dei Casi NAFTA che Hanno Coinvolto gli Stati Uniti

In an increasingly interconnected world, market liberalization has emerged as a defining force capable of transcending geographical boundaries and transforming the way individuals perceive and participate in the global economy. Private entities, including multinational corporations and individual shareholders, now play a remarkable role in cross-border investments, frequently surpassing the transactional engagements undertaken by States. This shift in the investment landscape has presented both opportunities and complexities. On the positive side, investors offer financial resources, expertise, and innovation, which foster economic development and employment possibilities. Conversely, this phenomenon has resulted in an upsurge in disagreements between private venture capitalists and host States, as their respective interests may not always converge. In light of concerns expressed by private investors regarding the necessity of an impartial and effective framework to resolve potential divergences, investor-State dispute resolution mechanisms have emerged as the prominent solution to achieve the ideal balance among the diverse exigencies of market participants. By synthesizing existing literature and empirical evidence, this dissertation aims to provide a comprehensive overview of the protection mechanisms available, with a particular emphasis on the International Center for Settlement of Investment Disputes (ICSID), renowned for its established reputation as a neutral and efficient arbitral institution. The analysis considers its significance in the context of international economic law, providing valuable insights into the outcomes and impacts of NAFTA-related disputes. By examining selected NAFTA-related cases that have been adjudicated by ICSID, the research delves into the resolution processes employed, the legal interpretations made, and the consequences for the involved parties and the wider socio-economic spheres.