In this study, Caroline Henckels examines how investment tribunals have balanced the competing interests of host states and foreign investors in determining state liability in disputes concerning the exercise of public power. Analyzing the concepts of proportionality and deference in investment tribunals' decision-making in comparative perspective, the book proposes a new methodology for investment tribunals to adopt in regulatory disputes, which combines proportionality analysis with an institutionally sensitive approach to the standard of review. Henckels argues that adopting a modified form of proportionality analysis would provide a means for tribunals to decide cases in a more consistent and coherent manner leading to greater certainty for both states and investors, and that affording due deference to host states in the determination of liability would address the concern that the decisions of investment tribunals unjustifiably impact on the regulatory autonomy of states.
Rezensionen / Stimmen
'... this book is an incisive and important contribution to the burgeoning literature on international investment law, and indeed other fields of international law as well as jurisprudence.' Luke Nottage, Journal of World Investment and Trade
Reihe
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 235 mm
Breite: 157 mm
Dicke: 19 mm
Gewicht
ISBN-13
978-1-107-08790-3 (9781107087903)
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Schweitzer Klassifikation
Caroline Henckels is Vice-Chancellor's Postdoctoral Research Fellow in Law at the University of New South Wales, Sydney, and in 2016 will commence as Senior Lecturer in Law at Monash University, Melbourne.
Autor*in
University of New South Wales, Sydney
1. Introduction; 2. Proportionality and deference in theoretical perspective; 3. Operationalizing deference in the context of proportionality analysis: comparative approaches; 4. Methods of review employed by investment tribunals in regulatory disputes; 5. The development of an institutionally sensitive approach to proportionality analysis in investor-state arbitration; 6. Other issues affecting the method and standard of review in investor-state arbitration; Conclusion.
