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The recent explosion of investment treaty arbitration marks a revolutionary change in both international and public law, above all because it demonstrates how states have unwittingly privatized key powers of the courts in public law. This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law. Second, these awards can be enforced in as many as 165 countries, making them more widely enforceable than other judicial decisions in public law. Third, public law can be interpreted in private as a matter of course, without any appeal to a court to correct errors of law. The conflict between private arbitration and public law poses a serious challenge to open and accountable judging. But the critical flaw of the system - hitherto neglected - is its threat to judicial independence based on security of tenure. Under investment treaties, business claims against the state are decided by privately-contracted adjudicators, who win appointments only as more claims are brought. Thus, as the book explains, the 'judge' has a financial stake in how public law is interpreted and in the outcome of the dispute. While it is laudable to use international adjudication to resolve controversial disputes, the benefits of a global economy are no excuse for corrupting our historic tradition of independent courts.

Investment Treaty Arbitration and Public Law (Oxford Monographs in International Law) ebooks

Investment Treaty Arbitration and Public Law - Paperback ~ Oxford Monographs in International Law. Description. The recent explosion of investment treaty arbitration marks a revolutionary change in both international and public law, above all because it demonstrates how states have unwittingly privatized key powers of the courts in public law. This book outlines investment treaty arbitration as a public .

Investment Treaty Arbitration and Public Law - Oxford ~ The book outlines investment treaty arbitration as a public law system and demonstrates how the system goes beyond all other forms of international adjudication in giving arbitrators a comprehensive jurisdiction to determine the legality of sovereign acts and to award public funds to businesses that sustain loss as a result of government regulation. The analysis also reveals some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. For instance .

Investment Treaty Arbitration and Public Law (Oxford ~ Investment Treaty Arbitration and Public Law (Oxford Monographs in International Law) / Gus Van Harten / ISBN: 9780199552146 / Kostenloser Versand für alle Bücher mit Versand und Verkauf duch .

Investment Treaty Arbitration and Public Law - Hardcover ~ Investment Treaty Arbitration and Public Law H.H.A. Van Harten Oxford Monographs in International Law. Controversially asks whether private arbitrators rather than tenured judges should adjudicate on matters of public law; Exposes the role of the International Chamber of Commerce in appointing arbitrators to decide whether governments should .

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Investment Treaty Arbitration And Public Law Oxford ~ investment treaty arbitration and public law oxford monographs in international law Sep 15, 2020 Posted By James Patterson Library TEXT ID 183af2ef Online PDF Ebook Epub Library 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

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Harten, G: Investment Treaty Arbitration and Public Law ~ Harten, G: Investment Treaty Arbitration and Public Law (Oxford Monographs in International Law) / Van Harten, Gus / ISBN: 9780199217892 / Kostenloser Versand für alle Bücher mit Versand und Verkauf duch .

Investment Treaty Arbitration and Public Law (Oxford ~ This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law .

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Revolving Door in International Investment Arbitration ~ With over 831 known investment treaty arbitrations initiated to date (almost all coming in the past 15 years), 27 and a significant number of instances in which the threat of treaty arbitration has been used, states hosting foreign investors are increasingly finding themselves having to defend their laws and policies before and in the shadow of international arbitral tribunals.

Investment Treaty Arbitration and International Law ~ This volume of Investment Treaty Arbitration and International Law contains the papers and proceedings of the 11th annual Juris Conference. It tackles the complex developments raised by investor-State arbitration and its intersection with international investments in the technology sector. Our group of eight authors again take contrary positions and grapple with the dramatic

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Arbitration Chambers - Lucy Reed ~ Ms. Reed has been a guest lecturer, primarily on investment treaty arbitration and conciliation of State-level disputes, at the University of Pretoria, the Shanghai University of Political Science and Law, Yale Law School, Harvard Law School, Columbia Law School, New York University Law School, and the University of Virginia Law School. From 2010-2012, Ms. Reed was an Adjunct Professor of .

Keele University - Szilard Gaspar-Szilagyi ~ He also delivers several lectures and seminars in Company Law, Public International Law and EU Law 2. Previously he has taught International Trade Law (Oslo), EU Foreign Relations Law (Amsterdam and The Hague), EU Criminal Law (Amsterdam and The Hague), and EU Internal Market Law (Aarhus). He also delivered guest lectures at several institutions and coached students for the EU Law Moot Court .