MAHAYNI The ideology of investment treaty arbitrators

Описание: #THE_IDEOLOGY_OF_INVESTMENT_TREATY_ARBITRATORS

For various reasons, I long hesitated to publicly share my doctoral thesis.

First, it’s hardly a thesis. It’s more of an opinion and, obviously, only one among others.

Second, the opinion itself is hardly revolutionary. It’s pretty straightforward overall.

Third, those who actually read it advised me to publish it.

Fourth, despite spending eight and half years on it and my own perspectives evolving considerably in the process, I still feel like it’s incomplete and flawed in various respects.

The list of hesitations goes on…

Perhaps my most important hesitation stems from my apprehension that some may miss the underlying intention of my work. To avoid this, I state my intention clearly throughout my thesis, sometimes implicitly but also explicitly: to encourage humility in a sometimes polarised investment arbitration community. In the words of Professor Simone Weil: “Dans le domaine de l’intelligence, la vertu d’humilité n’est pas autre chose que le pouvoir d’attention.” And in the words of Professor Laurence Boisson de Chazournes : “Humility should not be understood as an unwillingness to put oneself forward or as unworthiness. It is used to qualify an attitude that leaves space for doubt, and demonstrates an understanding of social, political, economic, or cultural problems at stake as well as a willingness to contribute to the furtherance of the rule of law.”

Now, the reader may see my stated intention as ironic because I ‘criticise’ illustrious practitioners, scholars and arbitrators whose contributions I cherish and whose accomplishments I could never achieve. I am not too worried about this. I am confident that those whom I apparently criticise have the discernment to distinguish between criticism and empathy.

I take this opportunity to reiterate the gratitude which I express on page iii:

To my supervisor (Professor Sylvain Bollée)-

For the rigour of his analyses.

For the example of his personality.

For the intelligence of his analogies.

For the elegance of his humility.

Thank you for your belief in the merits of what I had to say.

Thank you for your trust in my capacity to coherently say it.

Thank you for your guidance when I diverged from what I aimed to say.

Thank you for your open-mindedness in letting me say what I end up saying and publicly defend it.

To my friends for their persistence.

To my siblings for their patience.

To my father, through the layers.

To my mother, through her prayers.

To my Source. To my Destination. To the Presence.