Sovereign Choices and Sovereign Constraints: Judicial Restraint in Investment Treaty Arbitration

Author:   Gus Van Harten (Associate Professor of Law, Osgoode Hall Law School, York University Canada)
Publisher:   Oxford University Press
ISBN:  

9780199678648


Pages:   218
Publication Date:   03 October 2013
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Sovereign Choices and Sovereign Constraints: Judicial Restraint in Investment Treaty Arbitration


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Author:   Gus Van Harten (Associate Professor of Law, Osgoode Hall Law School, York University Canada)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 2.00cm , Length: 24.10cm
Weight:   0.496kg
ISBN:  

9780199678648


ISBN 10:   0199678642
Pages:   218
Publication Date:   03 October 2013
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1: Introduction 2: Approaches to Judicial Restraint 3: Restraint Based on Relative Accountability 4: Restraint Based on Relative Capacity 5: Restraint Based on Relative Suitability 6: Strict Controllers of Nations

Reviews

Praise for Investment Treaty Arbitration and Public Law Thoroughly engaging, the book provides a thoughtful and critical reflection on the use of international arbitration to resolve regulatory disputes between foreign investors and states... one of the best available and current descriptions of the development of the international treaty regime. * Andrew Newcombe, Modern Law Review * An academic grenade lobbed at the ever growing number of investor-state disputes and the arbitral procedures that govern them... [A] succinct, refreshingly jargon-free, and scholarly censure of the foreign investment arbitral regime... Van Harten has produced a strong critique of the process by which the modern world addresses disputes arising from the estimated $ 1.5 trillion in investment flows that now cross national boundaries each year... defenders of the nearly 3000 investment agreements that exist... will find much to ponder in this ringing broadside against a regime that is often lauded as an essential building bloc of globalization, economic development, and the rule of law. * Jose E. Alvarez, American Journal of International Law *


Praise for Investment Treaty Arbitration and Public Law Thoroughly engaging, the book provides a thoughtful and critical reflection on the use of international arbitration to resolve regulatory disputes between foreign investors and states... one of the best available and current descriptions of the development of the international treaty regime. Andrew Newcombe, Modern Law Review An academic grenade lobbed at the ever growing number of investor-state disputes and the arbitral procedures that govern them... [A] succinct, refreshingly jargon-free, and scholarly censure of the foreign investment arbitral regime... Van Harten has produced a strong critique of the process by which the modern world addresses disputes arising from the estimated $ 1.5 trillion in investment flows that now cross national boundaries each year... defenders of the nearly 3000 investment agreements that exist... will find much to ponder in this ringing broadside against a regime that is often lauded as an essential building bloc of globalization, economic development, and the rule of law. Jose E. Alvarez, American Journal of International Law


Author Information

Gus Van Harten is Associate Professor of Law at Osgoode Hall Law School. He previously taught at the London School of Economics. He is the author of Investment Treaty Arbitration and Public Law (OUP, 2007). His research examines international and comparative aspects of public law, including procedural aspects of public inquiries and national security confidentiality. He worked previously on the Arar Inquiry, on the Walkerton Inquiry, and as a law clerk at the Ontario Court of Appeal. He received the William Robson Memorial Prize from LSE, a doctoral fellowship from the Social Sciences and Humanities Research Council of Canada, an Overseas Research Award from Universities UK, and a Research Award from the Canadian International Development Agency.

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