Analogies in International Investment Law and Arbitration PDF ePub eBook

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Analogies in International Investment Law and Arbitration free pdf 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.

About Valentina Vadi

Valentina Vadi is Reader (Associate Professor) in International Economic Law at Lancaster University. She is the author of Public Health in International Investment Law and Arbitration (2012) and Cultural Heritage in International Investment Law and Arbitration (Cambridge, 2014).

Details Book

Author : Valentina Vadi
Publisher : Cambridge University Press
Data Published : 10 December 2015
ISBN : 1107093317
EAN : 9781107093317
Format Book : PDF, Epub, DOCx, TXT
Number of Pages : 320 pages
Age + : 15 years
Language : English
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