Proportionality in Investor-State Arbitration (Hardcover)

While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-State arbitration. Proportionality is often lauded for reconciling colliding interests. This book identifies three factors arbitrators should consider before engaging in a proportionality analysis: the rule of law, the risk of judicial law-making, and the availability of a value system that guides the proportionality analysis. Apart from making suggestions when arbitrators should apply proportionality and when not to, the book outlines what States can do to recalibrate the balance between private property rights and the public interest if they wish to do so without dismantling the current system of investor-State arbitration. Proportionality in Investor-State Arbitration considers whether and to what extent the notion of general principles of law within the meaning of Article 38(1)(c) of the ICJ Statute and the concept of systemic integration enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties provides a valid legal foundation for applying proportionality in investor-State arbitration.

General

Imprint:	Oxford UniversityPress
Country of origin:	United Kingdom
Release date:	June 2015
Authors:	Gebhard Bucheler (Partner)
Dimensions:	239 x 163 x 29mm (L x W x T)
Format:	Hardcover
Pages:	354
ISBN-13:	978-0-19-872433-9
Categories:	Books > Law > International law > Settlement of international disputes > International arbitration Books > Law > International law > Public international law > International economic & trade law > General Promotions
LSN:	0-19-872433-0
Barcode:	9780198724339

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!