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A Return to the Gay Nineties?

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/9780199552146.003.0002
Subject:
Law, Public International Law

This chapter introduces investment law and arbitration by examining the historical conflict between capital-exporting and capital-importing countries over proposals for a multilateral investment ... More


Procedure in Investment Treaty Arbitration and the Relevance of Comparative Public Law

Chester Brown

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0021
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter deals with the applicable procedure in investment treaty arbitration. It notes that although investment treaty arbitration has a public law character, the applicable procedure typically ... More


The Businessman's Court

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/9780199552146.003.0007
Subject:
Law, Public International Law

This chapter focuses on the problems arising from the use of arbitration to resolve regulatory disputes. Four criteria of public law adjudication — accountability, openness, coherence, and ... 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


Investment Treaty Arbitration and Public Law

Gus Van Harten

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.001.0001
Subject:
Law, Public International Law

The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of ... More


The Transformation of International Law

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/9780199552146.003.0005
Subject:
Law, Public International Law

This chapter argues that the emergence of the system of investment treaty arbitration, when viewed against the canvass of international law, marks a major transformation in international ... More


Ordering Paradigms in International Investment Law: Bilateralism—Multilateralism—Multilateralization

Stephan W. Schill

in The Foundations of International Investment Law: Bringing Theory into Practice

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.003.0005
Subject:
Law, Company and Commercial Law, Public International Law

This chapter first examines the concepts of bilateralism and multilateralism, and their relevance. It then introduces the notion of multilateralization as a perspective that can overcome a schematic ... More


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


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


Cain and Abel: Congruence and Conflict in the Application of the Denial of Justice Principle

Ali Ehsassi

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0007
Subject:
Law, Constitutional and Administrative Law, Public International Law

Few concepts of public international law admit of more varied interpretations than denial of justice. Apart from considering the historical development of the concept, this chapter identifies ... More


Introduction to Investment Treaty Arbitration (ITA) and Framing the Debate

Susan D. Franck

in Arbitration Costs: Myths and Realities in Investment Treaty Arbitration

Published in print:
2019
Published Online:
April 2019
ISBN:
9780190054434
eISBN:
9780190054465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190054434.003.0001
Subject:
Law, Public International Law

Chapter 1 introduces the contents of the book by framing the context of international investment more broadly, contextualizing investment-related conflict management, identifying the issues related ... More


Introduction

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/9780199552146.003.0001
Subject:
Law, Public International Law

This introductory chapter begins with a discussion of the collapse of the Argentine economy in December 2001, which prompted foreign investors to file legal claims against the country. The example ... More


The Non-Disputing State Party in Investment Arbitration: An Interested Player or the Third Man Out?

Loretta Malintoppi and Hussein Haeri

in Practising Virtue: Inside International Arbitration

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198739807
eISBN:
9780191802775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739807.003.0035
Subject:
Law, Public International Law, Company and Commercial Law

This chapter deals with the role of the non-disputing state party in the various stages of an investment treaty relationship and posits some tentative conclusions regarding their limits. The chapter ... More


Layering: How Investor–State Arbitration Was Added to Investment Treaties

Taylor St John

in The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198789918
eISBN:
9780191831553
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789918.003.0007
Subject:
Political Science, International Relations and Politics

Chapter six probes how investor–state arbitration was layered into investment treaties. The ICSID Secretariat played a pivotal role in the initial spread of clauses providing access to arbitration in ... More


International Commercial Arbitration and Investment Treaty Arbitration: Analogies and Differences

Piero Bernardini

in Practising Virtue: Inside International Arbitration

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198739807
eISBN:
9780191802775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739807.003.0004
Subject:
Law, Public International Law, Company and Commercial Law

This chapter reflects on whether international arbitration can be analysed as part of one overarching framework or whether it is better seen in a more differentiated fashion. Addressing the basic ... More


Property, Investment, and the Scope of Investment Protection Obligations

Zachary Douglas

in The Foundations of International Investment Law: Bringing Theory into Practice

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.003.0013
Subject:
Law, Company and Commercial Law, Public International Law

This chapter defends the thesis that the particular conception of an investment underlying an investment treaty claim — identified as either investment-as-property, investment-as-contractual rights, ... More


Control Mechanisms in International Investment Law

Anne van Aaken

in The Foundations of International Investment Law: Bringing Theory into Practice

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.003.0014
Subject:
Law, Company and Commercial Law, Public International Law

This chapter employs economic contract theory and principal-agent-theory to analyse the mechanisms used by states to control the interpretative practices of arbitrators to whom the resolution of ... 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


Modern Reparation Doctrine in International Law and Investment Treaty Arbitration

Borzu Sabahi

in Compensation and Restitution in Investor-State Arbitration: Principles and Practice

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199601189
eISBN:
9780191729201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601189.003.0003
Subject:
Law, Public International Law, Company and Commercial Law

This chapter traces the doctrine of reparation in contemporary international law and, in particular, in investment treaty arbitration. It discusses in detail the two significant developments which ... More


Microinvestment Disputes

Perry S Bechky

in Small and Medium-Sized Enterprises in International Economic Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198795650
eISBN:
9780191836961
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198795650.003.0011
Subject:
Law, Public International Law

When Salini v Morocco held that the word ‘investment’ in the ICSID Convention has an objective meaning that limits the ability of Member States to submit disputes to ICSID arbitration, the tribunal ... More


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