A Guide to General Principles of Law in International Investment Arbitration
Series: Oxford International Arbitration Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 11 March 2020
- ISBN 9780198857075
- Binding Hardback
- No. of pages416 pages
- Size 253x176x27 mm
- Weight 864 g
- Language English 0
Categories
Short description:
This book provides the actors involved in investor-State arbitration with a set of comprehensive guidelines to better understand the nature, meaning, and function of general principles of law in the field of international investment law.
MoreLong description:
General principles of law play an important role in investment arbitraion and can be applied by a tribunal when no treaty provision or rule of customary international law exists regarding a particular issue. They can be used in traditional means, such as the interpretation of vague treaty terms, or for wider reaching issues emerging from the international legal order.
Following a significant increase in references to the general principles of law by Investor-State tribunals questions have been raised around the meaning and function of these principles. Written by an expert in the field this book offers clear and comprehensive guidelins to better understand the nature, meaning, and function of general principles of law in the field of international investment law. Applying these principles to practice, this book assesses 17 concepts and notions in the field of investment arbitration, providing counsel and arbitrators with clear guidance on what should, and should not, be considered a general principle of law.
Table of Contents:
Introduction
Nature, Meaning and Function of General Principles of Law in International Law
Situations where tribunals can apply GPL depending on the applicable law to settle a dispute
How to indentigy GPL and Transpose them on the International Plane
Analysis of specific general principles of law
Conclusions
