Proportionality and Deference in Investor-State Arbitration

Language: English

Published by Cambridge University Press, GB, 2018

110745817X / 9781107458178

Series: Book 84 of 133 - Cambridge Studies in International and Comparative Law

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In this study, Caroline Henckels examines how investment tribunals have balanced the competing interests of host states and foreign investors in determining state liability in disputes concerning the exercise of public power. Analyzing the concepts of proportionality and deference in investment tribunals' decision-making in comparative perspective, the book proposes a new methodology for investment tribunals to adopt in regulatory disputes, which combines proportionality analysis with an institutionally sensitive approach to the standard of review. Henckels argues that adopting a modified form of proportionality analysis would provide a means for tribunals to decide cases in a more consistent and coherent manner leading to greater certainty for both states and investors, and that affording due deference to host states in the determination of liability would address the concern that the decisions of investment tribunals unjustifiably impact on the regulatory autonomy of states.

Seller Inventory # LU-9781107458178

Title
Proportionality and Deference in Investor-State Arbitration
Author
Caroline Henckels
Publisher
Cambridge University Press, GB
Publication year
2018
Condition
New
Binding
Paperback
Language
English
ISBN 10
110745817X
ISBN 13
9781107458178
Item weight
400 grams
Dimensions
15.24 x 1.52 x 22.86 cm
Series
Book 84 of 133: Cambridge Studies in International and Comparative Law

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