Proportionality in investor-state arbitration
Bücheler, GebhardAuthor
Bèucheler, GebhardAuthor
While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticised for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-state arbitration.
Bibliographic Level Mode of Issuance: Monograph
Includes bibliographical references and index.
While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticised for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-state arbitration.
Description based on online resource; title from home page (viewed on October 7, 2015).
Introduction -- Investor-State Arbitration and the Argentine Cases: an Overview -- Proportionality as a General Principal of Law -- Proportionality and the Concept of Systemic Integration -- Proportionality and Expropriation -- Proportionality and the FET Standard -- Proportionality and NPM Clauses: Article XI of the Argentina-US BIT -- Proportionality and the Customary International Law Defence of Necessity -- Summary and Concluding Remarks.
Investments, Foreign (International law)
International commercial arbitration
Proportionality in law
Law, General & Comparative
Law, Politics & Government