Description

Book Synopsis
Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.

Trade Review
'… this book is an incisive and important contribution to the burgeoning literature on international investment law, and indeed other fields of international law as well as jurisprudence.' Luke Nottage, Journal of World Investment and Trade

Table of Contents
1. Introduction; 2. Proportionality and deference in theoretical perspective; 3. Operationalizing deference in the context of proportionality analysis: comparative approaches; 4. Methods of review employed by investment tribunals in regulatory disputes; 5. The development of an institutionally sensitive approach to proportionality analysis in investor-state arbitration; 6. Other issues affecting the method and standard of review in investor-state arbitration; Conclusion.

Proportionality and Deference in InvestorState Arbitration

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    A Paperback by Caroline Henckels

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      Book details

      Publisher Cambridge University Press
      Published 12/13/2018 12:00:00 AM
      ISBN-13 9781107458178
      978-1107458178
      ISBN-10 110745817X
      Also in:
      Arbitration, mediation and alternative dispute resolution International relations

      Description

      Book Synopsis
      Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.

      Trade Review
      '… this book is an incisive and important contribution to the burgeoning literature on international investment law, and indeed other fields of international law as well as jurisprudence.' Luke Nottage, Journal of World Investment and Trade

      Table of Contents
      1. Introduction; 2. Proportionality and deference in theoretical perspective; 3. Operationalizing deference in the context of proportionality analysis: comparative approaches; 4. Methods of review employed by investment tribunals in regulatory disputes; 5. The development of an institutionally sensitive approach to proportionality analysis in investor-state arbitration; 6. Other issues affecting the method and standard of review in investor-state arbitration; Conclusion.

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