Analogies in international investment law and arbitration / Valentina Vadi.

Format:

Book

Author/Creator:

Vadi, Valentina, author.

Language:

English

Subjects (All):

Investments, Foreign--Law and legislation.

Investments, Foreign.

International commercial arbitration.

Physical Description:

1 online resource (xiii, 304 pages) : digital, PDF file(s)

Other Title:

Analogies in International Investment Law & Arbitration

Place of Publication:

Cambridge : Cambridge University Press, 2016.

System Details:

text file

PDF

Summary:

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.

Contents:

Comparative law, methods and reasoning

International investment law and arbitration

Comparative reasoning and international investment law

Micro-comparisons in investment treaty arbitration

Macro-comparisons in investment treaty arbitration

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

Notes:

Title from publisher's bibliographic system (viewed on 10 Dec 2015).

Other Format:

Print version:

ISBN:

9781316144879

Access Restriction:

Restricted for use by site license.