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Sovereign Choices and Sovereign Constraints: Judicial Restraint in Investment Treaty Arbitration

Gus Van Harten

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199678648
eISBN:
9780191757990
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678648.001.0001
Subject:
Law, Public International Law

Investment arbitrators rely on sovereignty for their legal status just as investor-state disputes usually stem from disagreements about the role of the state in society. As a result, investment ... More


The Labor Board Crew: Remaking Worker-Employer Relations from Pearl Harbor to the Reagan Era

Ronald W. Schatz

Published in print:
2020
Published Online:
September 2021
ISBN:
9780252043628
eISBN:
9780252052507
Item type:
book
Publisher:
University of Illinois Press
DOI:
10.5622/illinois/9780252043628.001.0001
Subject:
Sociology, Occupations, Professions, and Work

Ronald W. Schatz tells the story of the team of young economists and lawyers recruited to the National War Labor Board to resolve union-management conflicts during the Second World War. The crew ... More


The Priest as Neighbour

Peter Marshall

in The Catholic Priesthood and the English Reformation

Published in print:
1994
Published Online:
October 2011
ISBN:
9780198204480
eISBN:
9780191676307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198204480.003.0008
Subject:
History, British and Irish Early Modern History, History of Religion

This chapter first explores the social standing of priests in the pre-Reformation English Church. As seen in this chapter, their social standing was dictated not merely by the amount of income they ... More


Scope and Standards of Review

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.003.0004
Subject:
Law, Public International Law

This chapter reviews the notion of ‘investment’ in contemporary treaties to demonstrate that the system affords to arbitrators a broad jurisdiction over a wide range of sovereign acts. It argues that ... More


Approaches and Interpretations

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.003.0006
Subject:
Law, Public International Law

This chapter examines how investment treaty arbitrators have exercised their power. Four broad approaches emerge from the jurisprudence to date. Two of them emphasize a reciprocal legal framework in ... More


Justice

W.F.R. Hardie

in Aristotle's Ethical Theory

Published in print:
1980
Published Online:
October 2011
ISBN:
9780198246329
eISBN:
9780191680953
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198246329.003.0010
Subject:
Philosophy, Ancient Philosophy, Moral Philosophy

The principle of the mean may be expressed in other measurable aspects, money for example, or actions that are right or wrong. In the case of justice, Aristotle approaches the question what sort of ... More


The Concept of Standard and its Application to the FET

Ioana Tudor

in The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199235063
eISBN:
9780191715785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235063.003.0004
Subject:
Law, Public International Law

This chapter is dedicated to the notion of standard, and to its application to the FET. The first part of the chapter offers a survey of the standard legal doctrine created in the 1920s, and offers a ... More


Preparation Phases For A Successful FET Based Claim

Ioana Tudor

in The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199235063
eISBN:
9780191715785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235063.003.0005
Subject:
Law, Public International Law

This chapter is directly aimed at arbitrators and to the Parties' counsels who have the duty to prepare memorials for their clients in an investment case. It contains the basic information that a ... More


Aspects of the Early Cases

Antonio R. Parra

in The History of ICSID

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199660568
eISBN:
9780191743382
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660568.003.0008
Subject:
Law, Public International Law, Legal History

This chapter focuses on key aspects of the cases brought to ICSID in its first two decades. Section I examines the ways in which successive Secretaries-General handled the registration of requests to ... More


Norms Arising from the Institutional Structure of International Commercial Arbitration

Joshua Karton

in The Culture of International Arbitration and The Evolution of Contract Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.003.0003
Subject:
Law, Private International Law

This chapter describes aspects of international arbitration culture that arise from the institutional structure of the international arbitration system. It identifies three categories of social norms ... More


Mixing Legal Cultures in International Arbitration:: The Iran-United States Claims Tribunal

Peter Malanczuk

in Legal Discourse across Cultures and Systems

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622098510
eISBN:
9789882207141
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622098510.003.0002
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Based on the experience of the Iran–United States Claims Tribunal, this chapter argues for the multi-cultural composition of the arbitrators in tribunals. This tribunal was created under unique ... More


Discourse Systems in English Arbitration Awards

Girolamo Tessuto

in Legal Discourse across Cultures and Systems

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622098510
eISBN:
9789882207141
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622098510.003.0009
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Unlike arbitration laws and rules, which rely heavily on the use of typical lexico-grammatical features for clarity, precision, and unambiguity, modern English arbitral awards rely more on content. ... More


Identity and Diversity on the International Bench: Who is the Judge?

Freya Baetens (ed.)

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198870753
eISBN:
9780191913365
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198870753.001.0001
Subject:
Law, Public International Law, Comparative Law

International courts and tribunals hold the power to decide on questions involving sovereignty over territory, grave human rights violations, international crimes, or millions of euros’ worth of ... More


A Question of Impartiality: Who are the Dissenting Arbitrators in Investment Treaty Arbitration?

Szilárd Gáspár-Szilágyi and Laura Létourneau-Tremblay

in Identity and Diversity on the International Bench: Who is the Judge?

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198870753
eISBN:
9780191913365
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198870753.003.0015
Subject:
Law, Public International Law, Comparative Law

As part of the larger debate on the legitimacy of the international investment regime, our study of 117 dissents and 87 dissenting arbitrators finds no significant correlation between the nationality ... More


The Party-Appointment Process: Addressing Barriers to Equal Opportunities for Women in the Appointment of Ad Hoc Adjudicators

Catherine Drummond

in Identity and Diversity on the International Bench: Who is the Judge?

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198870753
eISBN:
9780191913365
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198870753.003.0006
Subject:
Law, Public International Law, Comparative Law

Efforts to improve the representation of women in international dispute settlement continue to face significant challenges. While there is an increasing acknowledgement that the lack of gender ... More


Analysing Appointments in International Arbitration: Nationality, Ethnicity, Race, and Legal Training of Arbitrators

Monika Prusinowska

in Identity and Diversity on the International Bench: Who is the Judge?

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198870753
eISBN:
9780191913365
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198870753.003.0008
Subject:
Law, Public International Law, Comparative Law

This chapter first argues that the current pool of international arbitrators is relatively homogenous in terms of adjudicators’ nationality, race/ethnicity, and place of legal training (common or ... More


Commercial Arbitration

Soia Mentschikoff

in Discussions in Dispute Resolution: The Foundational Articles

Published in print:
2021
Published Online:
June 2021
ISBN:
9780197513248
eISBN:
9780197513279
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197513248.003.0046
Subject:
Law, Constitutional and Administrative Law

This article assesses the structure and the process of commercial arbitration, which are determined by the different institutional contexts in which it arises. The simplest institutional context or ... More


Introduction

Gus Van Harten

in Sovereign Choices and Sovereign Constraints: Judicial Restraint in Investment Treaty Arbitration

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199678648
eISBN:
9780191757990
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678648.003.0001
Subject:
Law, Public International Law

This introductory chapter first sets out the book’s purpose, which is to examine how arbitrators make fundamental choices about how to constitute their role in relation to other decision-makers. This ... More


Approaches to Judicial Restraint

Gus Van Harten

in Sovereign Choices and Sovereign Constraints: Judicial Restraint in Investment Treaty Arbitration

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199678648
eISBN:
9780191757990
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678648.003.0002
Subject:
Law, Public International Law

This chapter reviews a range of examples of judicial approaches to restraint based especially on institutional rationales in order to evaluate the decision-making of investment treaty arbitrators. It ... More


Restraint Based on Relative Accountability

Gus Van Harten

in Sovereign Choices and Sovereign Constraints: Judicial Restraint in Investment Treaty Arbitration

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199678648
eISBN:
9780191757990
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678648.003.0003
Subject:
Law, Public International Law

This chapter examines whether and how investment arbitrators show restraint in the review of legislative measures. The arbitrators’ reasons were reviewed for evidence of terms and concepts associated ... More


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