Skip to content
Register Sign in Wishlist

Proportionality and Deference in Investor-State Arbitration
Balancing Investment Protection and Regulatory Autonomy

$34.99 (C)

Part of Cambridge Studies in International and Comparative Law

  • Date Published: December 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781107458178

$ 34.99 (C)
Paperback

Add to cart Add to wishlist

Other available formats:
Hardback, eBook


Looking for an examination copy?

If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact collegesales@cambridge.org providing details of the course you are teaching.

Description
Product filter button
Description
Contents
Resources
Courses
About the Authors
  • 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.

    • Comprehensively analyzes investment tribunals' approaches to balancing state and investor interests in disputes involving states' exercise of public power
    • Proposes a new methodology for investment tribunals to adopt when adjudicating regulatory disputes
    • Examines the investment tribunals' approaches to proportionality and the standard of review in comparative perspective
    Read more

    Reviews & endorsements

    '… this book is an incisive and important contribution to the burgeoning literature on international investment law, and indeed other fields of international law as well as jurisprudence.' Luke Nottage, Journal of World Investment and Trade

    Customer reviews

    Not yet reviewed

    Be the first to review

    Review was not posted due to profanity

    ×

    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?

    ×

    Product details

    • Date Published: December 2018
    • format: Paperback
    • isbn: 9781107458178
    • length: 264 pages
    • dimensions: 230 x 152 x 14 mm
    • weight: 0.4kg
    • availability: Available
  • Table of Contents

    1. Introduction
    2. Proportionality and deference in theoretical perspective
    3. Operationalizing deference in the context of proportionality analysis: comparative approaches
    4. Methods of review employed by investment tribunals in regulatory disputes
    5. The development of an institutionally sensitive approach to proportionality analysis in investor-state arbitration
    6. Other issues affecting the method and standard of review in investor-state arbitration
    Conclusion.

  • Author

    Caroline Henckels, University of New South Wales, Sydney
    Caroline Henckels is Senior Lecturer in Law at Monash University, Melbourne, and was previously Vice-Chancellor's Postdoctoral Research Fellow in Law at the University of New South Wales, Sydney.

related journals

Sign In

Please sign in to access your account

Cancel

Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email lecturers@cambridge.org

Register Sign in
Please note that this file is password protected. You will be asked to input your password on the next screen.

» Proceed

You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Continue ×

Find content that relates to you

Join us online

This site uses cookies to improve your experience. Read more Close

Are you sure you want to delete your account?

This cannot be undone.

Cancel

Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

×
Please fill in the required fields in your feedback submission.
×