Sovereign Choices and Sovereign Constraints
Judicial Restraint in Investment Treaty Arbitration
- Publisher's listprice GBP 132.50
-
63 301 Ft (60 287 Ft + 5% VAT)
The price is estimated because at the time of ordering we do not know what conversion rates will apply to HUF / product currency when the book arrives. In case HUF is weaker, the price increases slightly, in case HUF is stronger, the price goes lower slightly.
- Discount 10% (cc. 6 330 Ft off)
- Discounted price 56 971 Ft (54 258 Ft + 5% VAT)
Subcribe now and take benefit of a favourable price.
Subscribe
63 301 Ft
Availability
printed on demand
Why don't you give exact delivery time?
Delivery time is estimated on our previous experiences. We give estimations only, because we order from outside Hungary, and the delivery time mainly depends on how quickly the publisher supplies the book. Faster or slower deliveries both happen, but we do our best to supply as quickly as possible.
Product details:
- Publisher OUP Oxford
- Date of Publication 3 October 2013
- ISBN 9780199678648
- Binding Hardback
- No. of pages218 pages
- Size 241x163x19 mm
- Weight 496 g
- Language English 0
Categories
Short description:
The role of investment arbitration is a controversial issue, as it is increasingly seen as a system in which private arbitrators adjudicate on the public law decisions of states. This book provides an empirical study of the function of investment arbitration, how it is impacting on international law, and the ways in which it is in need of reform.
MoreLong description:
Investment arbitrators rely on sovereignty for their legal status just as investor-state disputes usually stem from disagreements about the role of the state in society. As a result, investment arbitration is a vehicle for the exercise of sovereign authority and a site for contesting sovereign choices. This book investigates and evaluates the decision-making record and policy trajectory of international investment arbitration, from theoretical, doctrinal, and empirical perspectives.
It analyses the extent to which the system used to resolve disputes impacts on the role of government, affecting diverse constituencies, as opposed to limiting itself to case-specific disputes between a single business enterprise and state entity. The book provides a comprehensive review of known awards in order to determine the types of government measures that have triggered disputes. It investigates how investment arbitrators have exercised their authority in recent case law. It provides a review of the approaches adopted in the reasoning of investment treaty tribunals on questions of judicial deference and respect for sovereign decision-makers. In doing so, it determines whether investment tribunals have taken a predominantly assertive approach to investor protection, without regard to their relative lack of accountability, capacity, or proximity in some cases. This approach does not sit comfortably with the relative restraint seen by domestic and international courts in similar contexts.
The book argues that the unique characteristics of investment treaty arbitration make the experience of domestic judicial review more pertinent to international investment arbitration than to any other contexts for international adjudication. However, it argues that mediating devices in some form should be incorporated into the process in order to solve the tension between the extensive scope and potency of international investment arbitration as an important site of global governance, and the challenges of the review function in reviewing decisions which have strong claims to having comprehensive regulatory expertise, inclusive decision-making, electoral or other public accountability, or greater proximity to the underlying facts and context.
Online Appendices
Praise for Investment Treaty Arbitration and Public Law
Thoroughly engaging, the book provides a thoughtful and critical reflection on the use of international arbitration to resolve regulatory disputes between foreign investors and states... one of the best available and current descriptions of the development of the international treaty regime.
Table of Contents:
Introduction
Approaches to Judicial Restraint
Restraint Based on Relative Accountability
Restraint Based on Relative Capacity
Restraint Based on Relative Suitability
Strict Controllers of Nations
