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Limits of Commercial Investor-State Arbitration: The Need for Appellate Review

Jacques Werner

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explains why investor-state arbitration is often wrongfully likened to international commercial arbitration among private parties. Investor-state arbitrations involve not only private ... More


Introduction and Summary: ‘Administration of Justice’ in International Investment Law and Adjudication?

Ernst Ulrich Petersmann

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter summarizes the main conclusions of Parts II to IV and, together with chapters 7 to 12, places them into the broader context of ‘principles of justice’, ‘global ... More


‘Proportional’ by What Measure(s)? Balancing Investor Interests and Human Rights by Way of Applying the Proportionality Principle in Investor-State Arbitration

Jasper Krommendijk and John Morijn

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0018
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the possibility of applying the proportionality principle, which is currently used by the ECtHR in its jurisprudence, in investor-state arbitration and, particularly, in ... More


International Investment Law and Comparative Public Law

Stephan W. Schill (ed.)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (as regards procedure). However, ... More


The Relation of the European Union and Its Member States in Investor–State Arbitration

Stephan W. Schill

in Regionalism in International Investment Law

Published in print:
2013
Published Online:
May 2014
ISBN:
9780195389005
eISBN:
9780199332434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195389005.003.0013
Subject:
Law, Public International Law

This chapter examines the complex relationship between the European Union and its Member States in investor-state arbitration. It first sets out the reasons why the issue of procedural status is of ... More


Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law

Hege Elisabeth Kjos

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656950
eISBN:
9780191746291
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656950.001.0001
Subject:
Law, Public International Law

This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the ... More


Transnational Investment Arbitration: From Delegation to Constitutionalization?

Alec Stone Sweet and Florian Grisel

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter compares different ‘Principal-Agent’ (P-A) models of arbitration and adjudication, and then applies them as a means of focusing empirical attention on how investor-State arbitration is, ... More


Introduction

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/9780198789918.003.0001
Subject:
Political Science, International Relations and Politics

This chapter sets out the puzzle: what explains the rise of investor–state arbitration? It defines the rise of investor–state arbitration as one process with two phases: the creation of the ICSID ... 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


Australia's Rejection of Investor–State Arbitration: A Sign of Global Change

Leon E. Trakman

in Regionalism in International Investment Law

Published in print:
2013
Published Online:
May 2014
ISBN:
9780195389005
eISBN:
9780199332434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195389005.003.0012
Subject:
Law, Public International Law

This chapter analyzes the significance of Australia's rejection of investor-state arbitration (ISA). It challenges the Australian Productivity Commission's contention that ISA should be rejected on ... More


Conclusion and Content of EU International Investment Agreements

Angelos Dimopoulos

in EU Foreign Investment Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698608
eISBN:
9780191732140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698608.003.0004
Subject:
Law, EU Law, Competition Law

Chapter 3 is dedicated to the exercise of EU competence in practice. The first part provides a depiction of the internal procedures for the conclusion of an International Investment Agreement (IIA) ... More


Authority, Legitimacy, and Fragmentation in the (Envisaged) Dispute Settlement Disciplines in Mega-Regionals

Stephan W Schill

in Mega-Regional Trade Agreements: CETA, TTIP, and TiSA: New Orientations for EU External Economic Relations

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198808893
eISBN:
9780191846625
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808893.003.0005
Subject:
Law, Public International Law

This chapter analyses the inter-state and investor-state dispute settlement disciplines included in mega-regionals, focusing on the Comprehensive Economic and Trade Agreement and the Trans-Pacific ... More


The ICESCR in State Public Policy-making in the International Investment System

Diane A. Desierto

in Public Policy in International Economic Law: The ICESCR in Trade, Finance, and Investment

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198716938
eISBN:
9780191785634
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716938.003.0005
Subject:
Law, Public International Law, Company and Commercial Law

This chapter situates the ICESCR in the international investment system, uniquely characterized by the exponential growth of “hard law” investment treaties with diverse rule-interpreters in ... More


Human Rights Dimensions of Investment Law

Susan L Karamanian

in Hierarchy in International Law: The Place of Human Rights

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199647071
eISBN:
9780191738999
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199647071.003.0009
Subject:
Law, Public International Law, Philosophy of Law

This chapter is concerned with conflicts between human rights and investment law. It argues that the instances of (supposed) conflicts is on the rise, particularly given the wide range of ... More


Consumer Product Safety Regulation and Investor–State Arbitration Policy and Practice After Philip Morris Asia v. Australia*

Luke Nottage

in Regionalism in International Investment Law

Published in print:
2013
Published Online:
May 2014
ISBN:
9780195389005
eISBN:
9780199332434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195389005.003.0015
Subject:
Law, Public International Law

This chapter examines the unfolding dispute between Philip Morris Asia Limited (PMA) and Australia over the country's Product Safety Regulations. The discussions cover treaty-based investor-state ... More


Proportionality and the Concept of Systemic Integration

Gebhard Bücheler

in Proportionality in Investor-State Arbitration

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198724339
eISBN:
9780191792045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724339.003.0004
Subject:
Law, Public International Law, Company and Commercial Law

This chapter discusses the relevant legal instruments and the vehicle that can—under certain conditions—import them into investor–State arbitration: the concept of systemic integration enshrined in ... More


Building Legitimacy Through Interpretation in Investor-State Arbitration: On Consistency, Coherence, and the Identification of Applicable Law

Jürgen Kurtz

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/9780199685387.003.0010
Subject:
Law, Company and Commercial Law, Public International Law

This chapter examines the legitimacy deficit at the core of international investment law. It argues that arbitral adjudication has the potential to alleviate this problem so long as arbitrators are ... More


The European Commission and UNCTAD Reform Agendas: Do They Ensure Independence, Openness, and Fairness in Investor–State Arbitration?

Gus Van Harten

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0007
Subject:
Law, Public International Law, Environmental and Energy Law

Recent approaches by the European Commission and UN Conference on Trade and Development to reform investor–State arbitration are reviewed in this chapter. The review focuses on often-neglected core ... More


The Role of the Standard of Review and the Importance of Deference in Investor–State Arbitration

Caroline Henckels

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0007
Subject:
Law, Public International Law, Comparative Law

Chapter 7 argues that investment tribunals have not yet developed a coherent and principled approach to standard of review in relation to disputes involving the exercise of public power by host ... More


Proportionality and the Customary International Law Defence of Necessity

Gebhard Bücheler

in Proportionality in Investor-State Arbitration

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198724339
eISBN:
9780191792045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724339.003.0008
Subject:
Law, Public International Law, Company and Commercial Law

This chapter examines the customary international law defence of necessity. Argentina argued that it experienced a state of necessity during its 2001–3 financial crisis. While all tribunals ... More


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