Proportionality and deference in investor-state arbitration : balancing investment protection and regulatory autonomy / Caroline Henckels.

Author
Henckels, Caroline, 1982- [Browse]
Format
Book
Language
English
Published/​Created
  • Cambridge, United Kingdom : Cambridge University Press, 2015.
  • ©2015
Description
xxxii, 225 pages ; 24 cm.

Availability

Available Online

Copies in the Library

Location Call Number Status Location Service Notes
Firestone Library - Stacks K3830 .H45 2015 Browse related items Request

    Details

    Subject(s)
    Series
    • Cambridge studies in international and comparative law (Cambridge, England : 1996) [More in this series]
    • Cambridge studies in international and comparative law
    Summary note
    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.-- Provided by Publisher.
    Bibliographic references
    Includes bibliographical references and index.
    Contents
    • Proportionality and deference in theoretical perspective
    • Operationalizing deference in the context of proportionality analysis : comparative approaches
    • Methods of review employed by investment tribunals in regulatory disputes
    • The development of an institutionally sensitive approach to proportionality analysis in investor-state arbitration
    • Other issues affecting the method and standard of review in investor-state arbitration.
    ISBN
    • 9781107087903 ((hardcover))
    • 1107087902 ((hardcover))
    • 9781107458178 ((paperback))
    • 110745817X
    LCCN
    2015014536
    OCLC
    907296009
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