Journals Higher Education

$115.00

Hardcover

Published: 11 August 2015

368 Pages

9.2 x 6.1 inches

ISBN: 9780198724339


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Bookseller Code (06)

Proportionality in Investor-State Arbitration

Gebhard Bücheler

  • Shows that proportionality is a general principle of law relevant to investor-State arbitration
  • Develops an analytical framework for deciding in which legal settings conflicts between the interests of foreign investors and the public interest ought to be resolved by a proportionality analysis
  • Contains an in-depth analysis of the current and potential role of proportionality in expropriation provisions, the standard of fair and equitable treatment, non-precluded measures clauses (Article XI of the US-Argentina BIT), and the customary international law defense of necessity
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