Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Easter Closing

We will be closed between Friday 29th March and Monday 1st April for the Easter Bank Holidays, reopening at 8.30am on Tuesday 2nd April. Any orders received during this period will be processed with when we re-open.

Hide this message

The Boundaries of Investment Arbitration


ISBN13: 9781944825249
Published: September 2018
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £115.00



Usually despatched in 1 to 3 weeks.

The Boundaries of Investment Arbitration analyses references to European human rights and WTO law in investor-state rulings, advances reasons for these resorts to “non-investment” law, and puts these “boundary crossings” in broader context. It enumerates the legal gateways for these “public law” references and considers what engagement with human rights and trade law tells us about the motivations of investor-state arbitrators, scholars, and civil society. Exploring when and how arbitrators or litigants reach into other international law regimes to interpret the content of international investment law says a great deal about what that law is—and is not.

Investment law practitioners are likely to find the author’s enumeration of the many ISDS rulings that refer to trade or European human rights law (which are summarized in tables that identify the issues on which these references are considered relevant) useful in the course of litigation. Those concerned with contemporary debates over the future of the investment regime will be equally interested in whether such boundary crossings make international investment law more or less “fair,” “consistent,” or “legitimate.”

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Chapter 1 - Introduction: Boundary Crossings and Why They Occur
A. The Reality of Boundary Crossings
B. The Entry Points for Trade/European Human Rights Boundary Crossings
C. What Motivates Investor-State Arbitrators to Engage in Boundary Crossings?
D. Scholars and Boundary Crossings

Chapter 2 - The Use (and Misuse) of European Human Rights Law by Investor-State Arbitrators
A. Introduction
B. A Survey of European Human Rights Citations in ISDS Case Law
C. Why Is This Happening?
D. A Case Study of Philip Morris v. Uruguay
E. Tentative Conclusions
1. Deracionated, Inconsistent Referrals to ECHR Balancing Principles
2. Explaining the “Nature” of the Two Regimes
3. Blurring the Lines between “Property,” “Possessions,” and “Investments”
4. Demarking the Line between Compensable Expropriation and Legitimate Regulation
5. Determining the Meanings of FET
6. Ensuring a Fair Trial or Access to Court
7. Other Issues

Chapter 3 - The Use (and Misuse) of Trade Law by Investor-State Arbitrators
A. Introduction
B. A Survey of Trade Law Citations in ISDS Case Law
1. WTO References under NAFTA’s Chapter Eleven
2. WTO References Beyond the NAFTA
C. How Much “Trade-Infused” Investment Law Is There?

Chapter 4 - The Promise and Hazards of “Public Law” Boundary Crossings
A. Introduction
B. Comparing European Human Rights and WTO References
C. When Are ECHR or WTO Boundary Crossings Appropriate?
D. Do Boundary Crossings Matter?
E. Conclusion

Bibliography

Appendices and Tables
APPENDIX I: A List of 65 ISDS Rulings with One or More ECHR/ECtHR References
TABLE I: Significant European Human Rights References in ISDS Rulings
APPENDIX II: A List of 58 ISDS Rulings with One or More GATT/WTO References
APPENDIX III: A List of 65 ISDS Rulings with One or More GATT/WTO References
TABLE II: Significant GATT/WTO References in ISDS Rulings