Analogies in International Investment Law and Arbitration
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| Title: | Analogies in International Investment Law and Arbitration |
|---|---|
| Description: | 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. |
| Authors: | Valentina Vadi |
| Resource Type: | eBook. |
| Subjects: | International commercial arbitration, Investments, Foreign--Law and legislation |
| Categories: | LAW / International |
| Database: | eBook Collection (EBSCOhost) |
| FullText | Links: – Type: ebook-pdf Text: Availability: 0 |
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| Items | – Name: Title Label: Title Group: Ti Data: Analogies in International Investment Law and Arbitration – Name: Abstract Label: Description Group: Ab Data: 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. – Name: Author Label: Authors Group: Au Data: <searchLink fieldCode="AR" term="%22Valentina+Vadi%22">Valentina Vadi</searchLink> – Name: TypePub Label: Resource Type Group: TypPub Data: eBook. – Name: Subject Label: Subjects Group: Su Data: <searchLink fieldCode="DE" term="%22International+commercial+arbitration%22">International commercial arbitration</searchLink><br /><searchLink fieldCode="DE" term="%22Investments%2C+Foreign--Law+and+legislation%22">Investments, Foreign--Law and legislation</searchLink> – Name: SubjectBISAC Label: Categories Group: Su Data: <searchLink fieldCode="ZK" term="%22LAW+%2F+International%22">LAW / International</searchLink> |
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| RecordInfo | BibRecord: BibEntity: Classifications: – Code: 346.092 Scheme: ddc Type: prePub Languages: – Code: eng Text: English Subjects: – SubjectFull: International commercial arbitration Type: general – SubjectFull: Investments, Foreign--Law and legislation Type: general Titles: – TitleFull: Analogies in International Investment Law and Arbitration Type: main BibRelationships: HasContributorRelationships: – PersonEntity: Name: NameFull: Valentina Vadi – PersonEntity: Name: NameFull: Valentina Vadi IsPartOfRelationships: – BibEntity: Dates: – D: 01 M: 01 Type: published Y: 2015 – D: 12 M: 02 Type: profile Y: 2016 Identifiers: – Type: isbn-print Value: 9781107093317 – Type: isbn-electronic Value: 9781316476321 Titles: – TitleFull: Analogies in International Investment Law and Arbitration Type: main |
| ResultId | 1 |
