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International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals use of the concepts of proportionality and reasonableness to review the compatibility of a states regulatory actions with its obligations under international investment law. Investment law scholars have hitherto given greater attention to the concept of proportionality than to reasonableness; this pivotal book combats this trajectory by examining both concepts in such a way that it does not advocate one over the other, but instead enables the reader to make informed choices. The author also explores the intensity of review as one of the main tools to calibrate the different interests underlying investor-state arbitrations.This timely book offers a useful conceptual framework for reconciling the opposing interests at stake, making it a valuable resource for international law scholars and practitioners and other interested readers.

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Valentina Vadi, Proportionality, Reasonableness and ~ Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration is an attempt to subject these institutions, oft-quoted but frequently lacking adequate methodological rigour, to systematic analysis. The topic of the book presents a daunting task even for such a well-established author to tackle in as much as it attempts to consider the matter in a .

Proportionality, Reasonableness and Standards of Review in ~ ‘Vadi is one of the world’s foremost commentators in the important field of international investment law, and this book is among her greatest contributions, offering an insightful and comprehensive overview of a subject which has attracted much attention from the academic world and practitioners alike in recent years. She is also a singularly gifted writer—there is no one, at least in .

Proportionality Reasonableness And Standards Of Review In ~ proportionality reasonableness and standards of review in international investment law and arbitration elgar international investment law seroes pdf Favorite eBook Reading Proportionality Reasonableness And Standards Of Review In International Investment Law And Arbitration Elgar International Investment Law Seroes TEXT #1 : Introduction Proportionality Reasonableness And Standards Of Review .

Standards of review in investment treaty arbitration ~ Given some structural similarities between investment treaty arbitration and human rights adjudication, some scholars have argued that the doctrine of the margin of appreciation can/should migrate to international investment law and arbitration. 233 At the substantive level, human rights law and international investment law provide for similar standards of protection. 234 Certain human rights .

[PDF] Proportionality In Investor State Arbitration Full ~ Download Proportionality In Investor State Arbitration books, While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses .

Vadi, Valentina --- "The Global Tobacco Epidemic and the ~ See Valentina S Vadi, ‘Global Health Governance at a Crossroads: Trademark Protection v Tobacco Control in International Investment Law’ (2012) 48 Stanford Journal of International Law 93, 95, citing World Health Organization, ‘Tobacco’ (Fact Sheet No 339, July 2011). See, eg, A-G (Canada) v JTI-Macdonald Corp [2007] 2 SCR 610; British American Tobacco South Africa Pty Ltd v Minister .

Analogies in International Investment Law and Arbitration ~ Cambridge Core - Public International Law - Analogies in International Investment Law and Arbitration - by Valentina Vadi

(PDF) Chapter 9: Legitimacy and Governance Challenges ~ Investment treaties are some of the most controversial yet least understood instruments of global economic governance. Public interest in international investment arbitration is growing, and some .

International investment law as a field of international ~ International investment law has been conceptualized as being akin to domestic public law, because of functional analogy. 138 Like domestic public law, international investment law governs ‘the relation of private economic actors and governmental power’. 139 In the same way that domestic public law protects private property, prohibits discrimination and endorses rule of law standards for .

International Investment Law And The Environment Elgar ~ international investment law and the environment elgar international investment law series Sep 04, 2020 Posted By William Shakespeare Library TEXT ID d90404b6 Online PDF Ebook Epub Library criticised for failing to strike a fair balance between private and public interests in this valuable contribution to the current debate valentina vadi examines the merits and

Cultural heritage in international investment law and ~ Request PDF / Cultural heritage in international investment law and arbitration / Can states adopt protectionist cultural policies? What are the limits, if any, to state intervention in cultural .

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[PDF] Proportionality In International Law Download eBook ~ Download "Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the .

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Standards of Review in International Investment Law and ~ 3 Only recently has the literature started focusing on standard of review in international investment law and arbitration. See e.g. Anthea Roberts, ‘The Next Battleground: Standards of Review in Investment Treaty Arbitration’ 16 International Council for Commercial Arbitration Congress Series 170 (2011); William W. Burke-White and Andreas von Staden, ‘Private Litigation in a Public Law .

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European Yearbook of International Economic Law 2019 ~ This volume focusses on the interplay between International Labour Law and International Economic Law on the occasion of 100th anniversary of the International Labour Organisation (ILO) and analyses current events and developments in international trade and investment law and institutions.

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Fundamental principles of IHL / How does law protect in ~ ABI-SAAB Rosemary, “The ‘General Principles’ of Humanitarian Law According to the International Court of Justice”, in IRRC, No. 259, July 1987, pp. 367-375. BLISHCHENKO Igor P., “Les principes du droit international humanitaire”, in Studies and Essays on International Humanitarian Law and Red Cross Principles in Honour of Jean Pictet, Geneva/The Hague, ICRC/M. Nijhoff, 1984, pp .

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Home / Edward Elgar Publishing ~ Major new work on the present and future of international investment treaty practice under ICSID. This detailed review of the ICSID Convention includes contributions from over 70 authors. Written by a team of leading experts from private practice, government and academia, this uniquely comprehensive work will be an essential resource for those in the investment arbitration community.