Proportionality and Deference in Investor-State Arbitration Balancing Investment Protection and Regulatory Autonomy |
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| Author:
| Henckels, Caroline |
| Series title: | Cambridge Studies in International and Comparative Law Ser. |
| ISBN: | 978-1-107-08790-3 |
| Publication Date: | Oct 2015 |
| Publisher: | Cambridge University Press
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| Book Format: | Hardback |
| List Price: | AUD $156.95 |
Book Description:
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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.
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.