Alternative Approach to Address the Dilemma of State Immunity: A Functional Model of International Enforcement

Abstract

In the past decades, state immunity in collecting investment awards is left to municipal courts.
This state-centrist approach is the outcome of obsolete international relations and enforcement
theories. The rise of a host of new and powerful functional organizations challenges this approach.
Community authority is a natural advantage of international organizations. An international
organization with delegated authority can authorize enforcement, which could unify diverse legal
techniques and dismiss political embarrassment. The centralized enforcement provides a new
approach to solve state immunity in the collection of international investment awards.