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Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy (Cambridge Studies in International and Comparative Law, Series Number 122) - Softcover
Synopsis
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.
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Book Description
Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.
About the Author
Caroline Henckels is Senior Lecturer in Law at Monash University, Melbourne, and was previously Vice-Chancellor's Postdoctoral Research Fellow in Law at the University of New South Wales, Sydney.
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- PublisherCambridge University Press
- Publication date2018
- ISBN 10 110745817X
- ISBN 13 9781107458178
- BindingPaperback
- LanguageEnglish
- Number of pages264
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Proportionality and Deference in Investor-State Arbitration
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Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy (Cambridge Studies in International and Comparative Law, Series Number 122)
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ISBN 10: 110745817X
ISBN 13: 9781107458178
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Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy (Cambridge Studies in International and Comparative Law, Series Number 122)
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Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy (Cambridge Studies in International and Comparative Law, Series Number 122)
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Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy (Cambridge Studies in International and Comparative Law, Series Number 122)
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ISBN 13: 9781107458178
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Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy (Cambridge Studies in International and Comparative Law, Series Number 122)
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Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy (Cambridge Studies in International and Comparative Law)
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Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy (Cambridge Studies in International and Comparative Law, Series Number 122)
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ISBN 13: 9781107458178
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Paperback. Condition: new. Paperback. 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. Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9781107458178
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Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy
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ISBN 13: 9781107458178
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