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[PDF.Fj41] Investment Treaty Arbitration and Public Law (Oxford Monographs in International Law)

[PDF.Fj41] Investment Treaty Arbitration and Public Law (Oxford Monographs in International Law)

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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 TreatyArbitration and Public Law240pphb d60 Investment TreatyArbitration and Public Law240pphb d6000Oxford: the international investment treaty regime arbitration or public international law Holdings : Investment treaty arbitration and public law Investment treaty arbitration and public law / International investment law : Oxford monographs in international law Investment Treaty Arbitration and Public - Books WHSmith This book outlines investment treaty arbitration as a public law Investment Treaty Arbitration and Public Law (Oxford Monographs in International Law) By: HHA PDF [DOWNLOAD] Investment Treaty Arbitration and Public FAVORIT BOOK Investment Treaty Arbitration and Public Law BOOK Investment Treaty Arbitration and Public Law (Oxford Monographs in International Law) Investment Treaty Arbitration and Public Law - Paperback Investment Treaty Arbitration and Public Law HHA Van Harten Oxford Monographs in International Law Controversially questions whether the recent explosion in Investment Treaty Arbitration and Public Law - Hardcover Investment Treaty Arbitration and Public Law HHA Van Harten Oxford Monographs in International Law Controversially asks whether private arbitrators rather than PDF [DOWNLOAD] Investment Treaty Arbitration and Public PDF [DOWNLOAD] Investment Treaty Arbitration and Public Law Investment Treaty Arbitration and Public Law (Oxford Monographs in International Law) Investment Treaty Arbitration and pbookshopcom OXFORD MONOGRAPHS IN INTERNATIONAL LAW Oxford Investment Treaty Arbitration and Investment treaty arbitration and public law / Gus Van Harten Investment Treaty Arbitration And Public Law Oxford Investment Treaty Arbitration And Public Law and public law oxford monographs in international law ebooks in PDF MOBI EPUB with ISBN ISBN785458 and Download Investment Treaty Arbitration and Public Law (Oxford Monographs in International Law) Investment Treaty Arbitration and Public Law (Oxford Monographs in International Law) Investment Treaty Arbitration and Public Law
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