Proportionality and deference in investor-state arbitration : balancing investment protection and regulatory autonomy /

Proportionality and deference in investor-state arbitration : balancing investment protection and regulatory autonomy /

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Bibliographic Details
Author / Creator:Henckels, Caroline, 1982- author.
Imprint:Cambridge, United Kingdom : Cambridge University Press, 2015.
©2015
Description:1 online resource
Language:English
Series:Cambridge studies in international and comparative law
Cambridge studies in international and comparative law. New series.
Subject:
Investments, Foreign (International law)
International commercial arbitration.
Proportionality in law.
Respect.
International commercial arbitration.
Investments, Foreign (International law)
Proportionality in law.
Respect.
Electronic books.
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/12588548
Hidden Bibliographic Details
ISBN:9781316104378
1316104370
9781316439401
1316439402
9781316436561
131643656X
9781316437988
1316437981
9781107458178
110745817X
9781107087903
1107087902
Notes:Includes bibliographical references and index.
Summary: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.
Other form:Print version: 9781107087903 1107087902

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