Proportionality and Deference in Investor-State Arbitration - Balancing Investment Protection and Regulatory Autonomy (Paperback)

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.

General

Imprint:	Cambridge UniversityPress
Country of origin:	United Kingdom
Series:	Cambridge Studies in International and Comparative Law
Release date:	December 2018
Authors:	Caroline Henckels
Dimensions:	230 x 152 x 14mm (L x W x T)
Format:	Paperback - Trade
Pages:	264
ISBN-13:	978-1-107-45817-8
Categories:	Books > Social sciences > Politics & government > International relations > General Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure Books > Law > International law > Public international law > International economic & trade law > General Promotions
LSN:	1-107-45817-X
Barcode:	9781107458178

Is the information for this product incomplete, wrong or inappropriate? Let us know about it.

Does this product have an incorrect or missing image? Send us a new image.

Is this product missing categories? Add more categories.

Review This Product

No reviews yet - be the first to create one!