Home

About Us

Help

Jobs

News

Site Index

OUP Worldwide

My Account

My Wish List

View Basket

Email this to a Friend

Printer-Friendly View

Basket: 0 items | £0.00

Investment Treaty Arbitration and Public Law

View Larger

Resources

Sample Material (pdf)

Related Categories

Arbitration

International Economic & Trade Law

International Economics

Investment Treaty Arbitration and Public Law

Gus van Harten

Oxford Monographs in International Law

224 pages | b+w illustrations | 234x156mm

978-0-19-921789-2 | Hardback | 22 March 2007

Price: £69.99

This item is printed to order and supplied on a firm sale basis. Items which are printed to order are normally despatched and charged within 5-10 days.

Add to Wish List

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 pay public compensation to private firms
Gives a highly topical study at a time when disputes between resource rich states and foreign investors are bound to rise, with high energy prices
Outlines a detailed proposal and justification for an international investment court

The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of the courts to private arbitrators.

This 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, the system allows public law to be interpreted by arbitrators in private as a matter of course, with limited scope for judicial review. Further, arbitrators can award compensation to investors in ways that go beyond domestic systems of state liability, and these awards may then be enforced in as many as 165 countries, making them more widely enforceable than any other adjudicative decision in public law.

The system's mixture of private arbitration and public law undermines accountability and openness in judicial decision-making. But, most importantly, it poses a unique and fundamental challenge - hitherto neglected by other commentators - to the principle of judicial independence. To address this, this book argues that the system be replaced with an international investment court, properly constituted according to public law principles, and made up of tenured judges.

Readership: Academics, scholars, government officials, and non-governmental organisations working in public international law, investment arbitration, trade, environment, labour, and human rights.

Recently Viewed

Spandrels of Truth

Jc Beall

£34.00

First Sorrow

String Quartet (2006-2007)

Gerald Barry

£15.00

Chevaux-de-frise

Gerald Barry

Conductor's score and parts on hire

Available on Hire

The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.

| More

Investment Treaty Arbitration and Public Law

Share