Is Investment Treaty Arbitration Review Reviewing Caroline Henckels Proportionality And Deference In Investor State Arbitration
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Author | : Caroline E. Foster |
Publisher | : |
Total Pages | : 8 |
Release | : 2017 |
Genre | : |
ISBN | : |
Download Is Investment Treaty Arbitration 'Review'? Reviewing Caroline Henckels' Proportionality and Deference in Investor-State Arbitration Book in PDF, Epub and Kindle
This brief review devotes attention to the important contemporary question underlying Dr. Henckels' book of whether investment treaty arbitration ought to be characterised as review.
Author | : Caroline Henckels |
Publisher | : Cambridge University Press |
Total Pages | : 265 |
Release | : 2015-10-15 |
Genre | : Law |
ISBN | : 1107087902 |
Download Proportionality and Deference in Investor-State Arbitration Book in PDF, Epub and Kindle
Caroline Henckels examines how investment tribunals should balance competing state and investor interests in determining state liability in regulatory disputes.
Author | : Valentina Vadi |
Publisher | : Edward Elgar Publishing |
Total Pages | : 459 |
Release | : 2018-04-27 |
Genre | : Law |
ISBN | : 1785368583 |
Download Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration Book in PDF, Epub and Kindle
International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.
Author | : Caroline Julia Sonja Henckels |
Publisher | : |
Total Pages | : |
Release | : 2013 |
Genre | : |
ISBN | : |
Download Balancing Investment Protection and Regulatory Autonomy Book in PDF, Epub and Kindle
Author | : Barton Legum |
Publisher | : |
Total Pages | : 0 |
Release | : 2022 |
Genre | : Commercial treaties |
ISBN | : 9781804490778 |
Download The Investment Treaty Arbitration Review Book in PDF, Epub and Kindle
Author | : Caroline Henckels |
Publisher | : |
Total Pages | : 19 |
Release | : 2019 |
Genre | : |
ISBN | : |
Download Balancing Investment Protection and the Public Interest Book in PDF, Epub and Kindle
International investment tribunals have not yet developed a coherent approach to the standard of review in relation to disputes involving the exercise of public power by host states. In particular, tribunals have generally not approached the question of deference to host state authorities in a principled manner. Some tribunals have employed strict standards of review, resulting in state liability in respect of measures adopted to promote public welfare. However, an increasing number of tribunal decisions show a measure of deference to host states. They have done so on the basis of two key factors: in recognition of the desirability of regulatory autonomy and host state authorities' proximity to their populations, and by taking account of authorities' greater institutional competence and expertise. This emerging approach to deference echoes the jurisprudence of other international and supranational courts and tribunals performing similar functions. Future investment tribunals should, cognizant of the desirability of deference in certain circumstances, exercise restraint in their assessment of matters that are more appropriately the province of national authorities. Such an approach would achieve a more balanced relationship between the protection of foreign investment and host state regulatory autonomy.
Author | : Yuliya Chernykh |
Publisher | : International Litigation in Press |
Total Pages | : 632 |
Release | : 2022 |
Genre | : Law |
ISBN | : 9789004414679 |
Download Contract Interpretation in Investment Treaty Arbitration Book in PDF, Epub and Kindle
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Author | : |
Publisher | : BRILL |
Total Pages | : 466 |
Release | : 2020-05-18 |
Genre | : Law |
ISBN | : 9004423265 |
Download New Zealand Yearbook of International Law Book in PDF, Epub and Kindle
The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2018 to 31 December 2018.
Author | : Katharina Diel-Gligor |
Publisher | : BRILL |
Total Pages | : 614 |
Release | : 2017-05-22 |
Genre | : Business & Economics |
ISBN | : 9004337911 |
Download Towards Consistency in International Investment Jurisprudence Book in PDF, Epub and Kindle
Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.
Author | : Cameron A. Miles |
Publisher | : Cambridge University Press |
Total Pages | : 591 |
Release | : 2017-01-26 |
Genre | : Law |
ISBN | : 1107125596 |
Download Provisional Measures before International Courts and Tribunals Book in PDF, Epub and Kindle
2 Dispute Settlement Under UNCLOS