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Investment Treaty Arbitration and Public Law

HHA Van Harten

Oxford Monographs in International Law

  • Controversially questions whether the recent explosion in investment treaty arbitration is a corruption of public law principles
  • Asks whether it is right that private arbitrators rather than public judges adjudicate on the actions of the State
  • At a time of high energy prices, disputes between resource rich states and foreign investors will continue to increase, making this a highly topical examination
  • Outlines investment treaty arbitration as a public law system, by demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state
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