CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ COUNTERMEASURES AND THEIR ȍINȎCOMPARABLE CONGRUENCE … are going to bear in mind that, as prof. Lowenfeld 124 expressed, “ a regime in which foreign investors deal directly with host governments – including dispute settlement – is an important feature of the international law of international investment, not a derogation but a wholesome development of customary international law in motion .” Finally, as the use of countermeasures was pictured almost a decade ago in two forms by drawing on the classification of medieval weaponry, allowing for application of countermeasures either as swords or shields on the imaginary battlefield of an investor’s home state and host state, then let them use all their countermeasures’ swords and shields to win their “ own ” inter-state battles, but do not let them put “ these swords ” into investors’ scabbards!

477

124 LOWENFELD, A., Countermeasures, Diplomatic Protection, and Investor-State Arbitration, op.cit., p. 757.