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Analogies in International Investment Law and Arbitration

Analogies in International Investment Law and Arbitration

Analogies in International Investment Law and Arbitration

Author: Valentina Vadi
Publisher: Cambridge University Press
ISBN: 9781107093317

Published In: December 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781107472105

List Price: HKD 1,417.00

HKD 1,374.49 Save HKD 42.51 (3%)

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Description
Contents

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Although investment treaty arbitration has become the most common method for settling investor-state disputes, some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals.

Many of the recent arbitral awards have determined the boundary between two conflicting values: the legitimate sphere for state regulation in the pursuit of public goods, and the protection of foreign private property from state interference.

Can comparative reasoning help adjudicators in interpreting and applying broad and open-ended investment treaty provisions? Can the use of analogies contribute to the current debate over the legitimacy of investor-state arbitration, facilitating the consideration of the commonweal in the same? How should comparisons be made? What are the limits of comparative approaches to investment treaty law and arbitration?

This book scrutinises the impact a comparative approach can have on investment law, and identifies a method for drawing sound analogies.

Introduction

Part I. Comparative Reasoning and International Investment Law:

1. Comparative law, methods and reasoning

2. International investment law and arbitration

3. Comparative reasoning and international investment law

Part II. Analogies in Investment Treaty Arbitration:

4. Micro-comparisons in investment treaty arbitration

5. Macro-comparisons in investment treaty arbitration

6. Comparative reasoning in international investment law and arbitration: challenges and prospects

Conclusions.

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