SOVEREIGN CHOICES AND SOVEREIGN CONSTRAINTS JUDICIAL RESTRAINT IN INVESTMENT TREATY ARBITRATION

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Sovereign Choices And Sovereign Constraints

Author : Gus Van Harten
ISBN : 9780199678648
Genre : Law
File Size : 87.14 MB
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The role of investment arbitration is a controversial issue, as it is increasingly seen as a system in which private arbitrators adjudicate on the public law decisions of states. This book provides an empirical study of the function of investment arbitration, how it is impacting on international law, and the ways in which it is in need of reform.
Category: Law

Protection Of Legitimate Expectations In Investment Treaty Arbitration

Author : Teerawat Wongkaew
ISBN : 9781108661713
Genre : Law
File Size : 37.14 MB
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This book evaluates the core of the concept of legitimate expectations from first principles in moral philosophy. It adopts an unconventional approach by examining this topic from a deep, philosophical perspective and delves into the debates on the binding nature of promise in moral philosophy. It then develops a doctrinal structure for the standard of protection. The author places the key premise of the book on the possibility of deriving firm conclusions from the debate and on creating a set of precise and prescriptive 'guidelines of the application of legitimate expectations'. The features of this book are threefold: first, a significant body of literature on moral philosophy is assimilated; second, core philosophical principles are extracted and expressed as a normative framework to resolve concrete cases; third, the author analysed a vast number of investment treaty awards against the underlying framework.
Category: Law