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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Proportionality and Deference in Investor-State Arbitration

Proportionality and Deference in Investor-State Arbitration

Henckels, Caroline

Hardcover

Series: Cambridge Studies in International and Comparative Law, Book 122

General Law

ISBN10: 1107087902
ISBN13: 9781107087903
Publisher: Cambridge University Press
Published: Oct 15 2015
Pages: 266
Weight: 1.16
Height: 0.63 Width: 6.00 Depth: 9.00
Language: English
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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