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Threading the Sovereign's Needle: A Philosophical Deconstruction of an Investor-State Tribunal's Authority to Award Interim Relief in Relation to Criminal Proceedings


ISBN13: 9789004469303
Published: June 2021
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Paperback
Price: £65.00



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In Threading the Sovereign's Needle: A Philosophical Deconstruction of an Investor-State Tribunal's Authority to Award Interim Relief in Relation to Criminal Proceedings, Alexander G. Leventhal draws from a rich compendium of investor-State case law deciding on requests for provisional measures in relation to criminal measures. Leventhal shows that, rather than a diffuse set of contradictory decisions, these cases obey a coherent philosophy. He lays out in detail the criteria that these tribunals have considered - the basis of the tribunal's jurisdiction, the rights whose protection compels interim relief, tribunals' considerations of the criteria for interim relief, and the binding nature and enforceability of an order for interim relief. More than that, however, he explains the reasons behind the results, making this work a must-read for practitioners and academics alike.

Subjects:
Public International Law
Contents:
Abstract
Keywords
Introduction
Foundations
Protected Rights
Requirements
Effect
The Consequences of Non-Compliance References