Investment Treaty Arbitration and Public Law |
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| Author:
| Van Harten, H. H. A. |
| Series title: | Monographs International Law Ser. |
| ISBN: | 978-0-19-955214-6 |
| Publication Date: | Jul 2008 |
| Publisher: | Oxford University Press
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| Book Format: | Paperback |
| List Price: | AUD $105.41AUD $127.95 |
Book Description:
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This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public...
More DescriptionThis book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law. Second, these awards can be enforced in as many as 165 countries, making them more widely enforceable than other judicial decisions in public law. Third, public law can be interpreted in private as a matter of course, without any appeal to a court to correct errors of law.