Download Sovereign Choices and Sovereign Constraints Judicial Restraint in Investment Treaty Arbitration
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Book Details :
Published on: 2013-12-15
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Original language: English
Investment arbitrators rely on sovereignty for their legal status just as investor-state disputes usually stem from disagreements about the role of the state in society. As a result, investment arbitration is a vehicle for the exercise of sovereign authority and a site for contesting sovereign choices. This book investigates and evaluates the decision-making record and policy trajectory of international investment arbitration, from theoretical, doctrinal, and empirical perspectives.It analyzes the extent to which the system used to resolve disputes impacts on the role of government, affecting diverse constituencies, as opposed to limiting itself to case-specific disputes between a single business enterprise and state entity. The book provides a comprehensive review of known awards in order to determine the types of government measures that have triggered disputes. It investigates how investment arbitrators have exercised their authority in recent case law. It provides a review of the approaches adopted in the reasoning of investment treaty tribunals on questions of judicial deference and respect for sovereign decision-makers. In doing so, it determines whether investment tribunals have taken a predominantly assertive approach to investor protection, without regard to their relative lack of accountability, capacity, or proximity in some cases. This approach does not sit comfortably with the relative restraint seen by domestic and international courts in similar contexts. The book argues that the unique characteristics of investment treaty arbitration make the experience of domestic judicial review more pertinent to international investment arbitration than to any other contexts for international adjudication. However, it argues that mediating devices in some form should be incorporated into the process in order to solve the tension between the extensive scope and potency of international investment arbitration as an important site of global governance, and the challenges of the review function in reviewing decisions which have strong claims to having comprehensive regulatory expertise, inclusive decision-making, electoral or other public accountability, or greater proximity to the underlying facts and context. School of Law Stanford University Courses offered by the School of Law are listed on the Stanford Bulletin's ExploreCourses web site under the subject codes LAW and LAWGEN. The School of Law ... unpan - United Nations Stable RMB Exchange Rate Benefits World Economy Progress Made on Asian Bond Market Initiative: Asean Plus Three ASEAN Ministers Adopt Plan for Regional Financial ... Glossary of pensions terms and abbreviations - Out-Law.com AA: Annual allowance: AADB: Accountancy and Actuarial Discipline Board: AAF: Audit and Assurance Faculty (of ICAEW) ABI: Association of British Insurers : ABO France facts information pictures Encyclopedia.com ... france location size and extent topography climate flora and fauna environment population migration ethnic groups languages religions transportation history ... Gates of Vienna After being taken down twice by Blogger within a single week we got the message: Its Time To Go. Gates of Vienna has moved to a new address: Today's Stock Market News and Analysis - Nasdaq.com Please note that once you make your selection it will apply to all future visits to NASDAQ.com. If at any time you are interested in reverting to our default ... The International Man's Glossary A-Z: Something about ... The International Man's Glossary A-Z: colloquialisms concepts explanations expressions idioms quotations sayings and words. Archives - Philly.com Archives and past articles from the Philadelphia Inquirer Philadelphia Daily News and Philly.com. Law School Bulletin Marquette University From the Dean. Law School website. People choose a specific law school for many and varied reasons. I know that many of you will select a school because you believe ... U.S. News Latest National News Videos & Photos - ABC ... Get the latest breaking news across the U.S. on ABCNews.com
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