This research explores the discrepancy observed in the application of public international law principles within investor-state dispute settlement (ISDS) mechanisms, aiming to uncover its underlying reasons and suggest potential remedies. Through a thorough examination of existing literature, legal precedents, and case studies, the research aims to shed light on the intricate interplay between public international law and investment treaty arbitration. By elucidating the factors contributing to the underutilization of public international law in ISDS, the study seeks to provide valuable insights into the challenges of navigating the convergence of these legal domains. Moreover, it underscores the implications of this gap on the effectiveness and legitimacy of ISDS mechanisms. Addressing this research gap holds the potential to deepen our understanding of international investment law and dispute resolution, contributing to ongoing discussions on enhancing mechanisms for resolving conflicts in this field and promoting transparency, fairness, and coherence in the ISDS framework.
Keywords: Public International Law, Investment Treaty Arbitration, Investor-State Dispute Settlement