Sovereign choices and sovereign constraints : judicial restraint in investment treaty arbitration / Gus Van Harten.

Format:

Book

Author/Creator:

Van Harten, Gus.

Language:

English

Subjects (All):

Investments, Foreign--Law and legislation.

Investments, Foreign.

International commercial arbitration.

Commercial treaties.

Physical Description:

1 online resource (1047 p.)

Place of Publication:

Oxford : Oxford University Press, 2014.

Language Note:

English

Summary:

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 analyses the extent to which the system used to resolve disputes impacts on the role of government, affecting

Contents:

Cover; Title Page; Copyright Page; Preface; Contents; List of Abbreviations; List of Key Websites; Table of Cases; Table of Treaties and Other International Instruments; 1. Introduction; Institutional rationales for judicial restraint; Theoretical overview of the arbitrators' role; Summary of the findings; 2. Approaches to Judicial Restraint; Overview of the evaluative framework; Approaches to judicial restraint; Other contexts for judicial restraint; Conclusion; 3. Restraint Based on Relative Accountability; Evaluative framework; Review of legislative measures; Exercise of restraint

Comments on the characterization of democracy, elections, and politicsConclusion; 4. Restraint Based on Relative Capacity; Evaluative framework; Review of executive measures; Exercise of restraint; Comments on the characterization of government; Conclusion; 5. Restraint Based on Relative Suitability; Evaluative framework; Relationship to other adjudicative forums; Exercise of restraint; Conclusion; 6. Strict Controllers of Nations; Annexes; Bibliography; Index; Footnote; ch02fn; ch03fn; ch04fn; ch05fn; ch06fn

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-175799-3

0-19-166796-X

0-19-166795-1

OCLC:

863823910