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Books > Social sciences > Politics & government > International relations
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Proportionality and Deference in Investor-State Arbitration - Balancing Investment Protection and Regulatory Autonomy (Hardcover)
Loot Price: R2,782
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Proportionality and Deference in Investor-State Arbitration - Balancing Investment Protection and Regulatory Autonomy (Hardcover)
Series: Cambridge Studies in International and Comparative Law
Expected to ship within 12 - 17 working days
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In this study, Caroline Henckels examines how investment tribunals
have balanced the competing interests of host states and foreign
investors in determining state liability in disputes concerning the
exercise of public power. Analyzing the concepts of proportionality
and deference in investment tribunals' decision-making in
comparative perspective, the book proposes a new methodology for
investment tribunals to adopt in regulatory disputes, which
combines proportionality analysis with an institutionally sensitive
approach to the standard of review. Henckels argues that adopting a
modified form of proportionality analysis would provide a means for
tribunals to decide cases in a more consistent and coherent manner
leading to greater certainty for both states and investors, and
that affording due deference to host states in the determination of
liability would address the concern that the decisions of
investment tribunals unjustifiably impact on the regulatory
autonomy of states.
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