Free Download Investment Treaty Arbitration and Public Law (Oxford Monographs in International Law)
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Book Details :
Published on: 2007-05-17
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Original language: English
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 the courts to private arbitrators. This book outlines investment treaty arbitration as a public law system and demonstrates how it goes beyond all other forms of international adjudication in giving arbitrators a comprehensive jurisdiction to determine the legality of sovereign acts, and to award public funds to businesses that sustain loss as a result of government regulation. The analysis also reveals some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. For instance, the system allows public law to be interpreted by arbitrators in private as a matter of course, with limited scope for judicial review. Further, arbitrators can award compensation to investors in ways that go beyond domestic systems of state liability, and these awards may then be enforced in as many as 165 countries, making them more widely enforceable than any other adjudicative decision in public law. The system's mixture of private arbitration and public law undermines accountability and openness in judicial decision-making. But, most importantly, it poses a unique and fundamental challenge, neglected by other commentators - to the principle of judicial independence. To address this, this book argues that the system be replaced with an international investment court, properly constituted according to public law principles, and made up of tenured judges. Countermeasures - International Law - Oxford Bibliographies Introduction; Introductory Works; General Overviews. Historical Perspective; Contemporary International Law; Textbooks; Judicial Decisions. Arbitral Tribunals LSE - London School of Economics - Department of Law 25 January 2017. LSE Law: Workshop for Young EU Lawyers. The Law Department at the London School of Economics & Political Science is pleased to announce its second ... Venezuela facts information pictures Encyclopedia.com ... venezuela location size and extent topography climate flora and fauna environment population migration ethnic groups languages religions transportation history ... Find Books Articles & Databases Scalia Law School Provided by the GMU Law Library; access may be limited to GMU Law School students faculty and staff. Restricted access: Off-Campus use requires GMU e-mail username ... Dr Alexander Orakhelashvili - Birmingham Law School ... Dr Alexander Orakhelashvili has taught and researched public international law at four British universities over the past 10 years. His teaching also includes ... List of Dutch inventions and discoveries - Wikipedia The Netherlands despite its comparatively modest size and population had a considerable part in the making of the modern society. The Netherlands and its people ... Loot.co.za: Sitemap 9789500833301 9500833301 Las 10 Reglas de Oro Para Ser Feliz Robert Ambers 9780953944408 0953944409 Walks from the Gatliff Hostel at Reinigeadal Neil Pinkett ... Chapter One: - Covenant University Chapter One . Introduction ... International Economics International Law and ... provide research findings to the government and the public on international ... Database-selector Volledige verzameling van alle ACM publicaties waaronder ACM tijdschriften congresverslagen magazines nieuwsbrieven en multimedia titels. Compleet gentegreerd ... Our MPs Liberal Party of Canada Leona Alleslev is the Member of Parliament for the riding of Aurora-Oak Ridges-Richmond Hill and is the Parliamentary Secretary to the Minister of Public Services and ...
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