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Restraint Based on Relative Suitability

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/9780199678648.003.0005
Subject:
Law, Public International Law

This chapter focuses on how arbitrators characterize their role in relation to the suitability of other adjudicative forums. It examines how they respond to claims by investors that challenge the ... 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


Restraint Based on Relative Capacity

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/9780199678648.003.0004
Subject:
Law, Public International Law

This chapter examines the performance of arbitrators in light of judicial approaches to restraint based on relative capacity. It shows that the arbitrators did not show restraint to governments based ... 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


Strict Controllers of Nations

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/9780199678648.003.0006
Subject:
Law, Public International Law

This chapter summarizes the main findings of this study, which has examined whether investment treaty arbitrators would, in some cases, exercise restraint due to the relative accountability, ... 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


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


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