Abstract
This article investigates the ever-changing role of non-governmental organisations (NGOs) in the international investment arbitration. NGOs have acquired recognition as unique and autonomous entities functioning outside of state control, lobbying for social and political concerns, and contributing to the establishment of international laws. This article dives into the historical context of international investment law and arbitration, underlining the difficulties in settling cross-border investment disputes.With the rise of non-governmental organisations (NGOs) in the aftermath of globalisation, these organisations tried to influence investment-related policies and projects by pushing for equity, environmental sustainability, job opportunities, and equitable resource management. Finally, this study emphasises the growing importance of non-governmental organisations (NGOs) in international investment arbitration, redefining the dynamics between governments, corporations, and civil society in developing investment policy and settling disputes.
Keywords: NGOs, international investment arbitration, investor-state dispute settlement, amicus curiae, globalization, cross-border investments, sustainability, accountability.
Introduction
Anon-governmental organisation (NGOs) is essentially an organisation which functions independently, without any jurisdiction of governmental authority and usually keeps its focus on social or political issues. In the past, NGOs have adopted ‘treaties’, nurtured creations to create strengthening ‘international rules’ The advent of NGOs has only made it difficult for the government’s relationship with the business world in terms of investment. NGOs have emerged as anunexpected butsignificant factor under the international investment arbitration law. Since NGOs nature varies from interests, structure, motive, size i.e., from being multinational non-governmental organizations to smaller ones at the very basic level such as in a compact village, around the world.‘New phenomenon’ that these NGOs advocate for is in the field of international investment arbitration where their focus remains mainly upon the ‘economic development and organization policiesand possible involvement with the governmental and international corporation.Thesaid dynamic shifted only recently after the question arose whether “the big corporations are the only non-state- actors which are involved in the investor-state arbitration proceedings.” Or if the inclusion of such non-governmental organizations is being granted a participative role in the arbitral proceedings, nationally or internationally. Although, NGOs have brought about ample impact to the notion of international law in general since the basic structure of international law comes under the state, while NGOs fall under the authority of individuals which is absolute voluntarily. NGOs portray a relationship which is rather ‘moral’ and not ‘legal’. All the attention that NGOs receive is through their work model based upon the efficiency of ideas which has attracted prominent scholars under ‘international law and relations’.