Judicial Acts and Investment Treaty Arbitration (Cambridge International Trade and Economic Law) - Softcover

Demirkol, Berk

Softcover

ISBN 10: 1316648206 ISBN 13: 9781316648209

Publisher: Cambridge University Press, 2019

Synopsis

Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims. Although there are no special responsibility regimes for different functions of the state, the application of investment treaty standards and the threshold for their breach may vary depending on the function involved. Accordingly, in order for the state to incur responsibility for a wrongful act committed in the exercise of its judicial function, there are some specific conditions that should be met: the investor must establish that the state is responsible for a breach attributable to the state; the investment tribunal has jurisdiction over the particular dispute; and the damage that the investor has suffered is a result of the particular breach. Berk Demirkol addresses questions in relation to the substance, jurisdiction, admissibility, and remedies in cases where state responsibility arises from a wrongful judicial act.

About this title

Book Description

This book examines judicial acts infringing the rights of foreign investors that can give rise to international responsibility of the state. It addresses legal issues that will be of interest to academics, researchers, and practitioners working in the area of public international law and, particularly, in international investment law.

About the Author

Berk Demirkol is a lecturer at the University of Galatasaray, Istanbul, and founder of Demirkol Consultancy in London. He is also the author of the 2014 book Law Applicable to Contracts under Turkish Private International Law (in Turkish). He is registered to the Istanbul Bar, and was named as the Laureate of the 2017 edition of the ICC Institute Prize for this book.

About this edition

• Publisher: Cambridge University Press
• Publication date: 2019
• ISBN 10: 1316648206
• ISBN 13: 9781316648209
• Binding: Paperback
• Language: English
• Number of pages: 292