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The Role of the Domestic Law of the Host State in Determining the Jurisdiction 'ratione materiae' of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?

The Role of the Domestic Law of the Host State in Determining the Jurisdiction 'ratione materiae' of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?

Name: The Role of the Domestic Law of the Host State in Determining the Jurisdiction 'ratione materiae' of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?
Brand: Brill Nijhoff
SKU: 9789004469594
Availability: InStock
Author: Reza Eftekhar
ISBN: 9789004469594

By Reza Eftekhar

Brill Nijhoff October 2021

Specifications

ISBN-13: 9789004469594
Publisher: Brill Nijhoff
Publication: October 2021
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

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The Role of the Domestic Law of the Host State in Determining the Jurisdiction 'ratione materiae' of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory? focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law’s essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant “localisation” theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of the investment treaty law. This is a significant milestone in the ongoing discussions on the reform of the investment treaty dispute settlement regime.

Introduction

Part 1. The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of an Investment Treaty Tribunal

Chapter 1. The Role of Domestic Law in Investment Treaty Arbitrations in General

Introduction to Chapters 2 & 3: The Role of Domestic Law in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals

Chapter 2. Application of Domestic Law to the Legality Requirement

Chapter 3. Application of Domestic Law to Questions Regarding the Existence of Rights over Property Constituting Investment

Part 2. The Revival of the Localisation Theory in Light of the Developments in Investment Treaty Law

Introduction to Chapters 4 & 5

Chapter 4. The Localisation Theory: Roots, Premises, and Its Legal Destiny

Chapter 5. Partial Revival of the Localisation Theory in the Field of Investment Treaty Arbitration: The Current Role of Host State Law and Host State Court

Final Conclusion

Sources

Index

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