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Proportionality and deference in investor-state arbitration : balancing investment protection and regulatory autonomy / Caroline Henckels.
Author
Henckels, Caroline, 1982-
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Format
Book
Language
English
Published/Created
Cambridge, United Kingdom : Cambridge University Press, 2015.
©2015
Description
xxxii, 225 pages ; 24 cm.
Availability
Available Online
Cambridge Core All Books
Copies in the Library
Location
Call Number
Status
Location Service
Notes
Firestone Library - Stacks
K3830 .H45 2015
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Details
Subject(s)
Investments, Foreign (International law)
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International commercial arbitration
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Proportionality in law
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Respect
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Series
Cambridge studies in international and comparative law (Cambridge, England : 1996)
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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.
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ISBN
9781107087903 ((hardcover))
1107087902 ((hardcover))
9781107458178 ((paperback))
110745817X
LCCN
2015014536
OCLC
907296009
Statement on language in description
Princeton University Library aims to describe library materials in a manner that is respectful to the individuals and communities who create, use, and are represented in the collections we manage.
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Proportionality and deference in investor-state arbitration : balancing investment protection and regulatory autonomy / Caroline Henckels.
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99113685543506421