Sovereign choices and sovereign constraints : judicial restraint in investment treaty arbitration /

The role of investment arbitration is a controversial issue, as it is increasingly seen as a system in which private arbitrators adjudicate on the public law decisions of states. This book provides an empirical study of the function of investment arbitration, how it is impacting on international law...

Full description

Bibliographic Details
Main Author:	Van Harten, Gus (Author)
Format:	eBook
Language:	English
Published:	Oxford : Oxford University Press, 2014.
Subjects:	Investments, Foreign > Law and legislation. International commercial arbitration. Commercial treaties. Accords commerciaux. Commercial treaties International commercial arbitration Investments, Foreign > Law and legislation Electronic books.
Online Access:	Connect to the full text of this electronic book

Table of Contents:

Cover; Contents; List of Abbreviations; List of Key Websites; Table of Cases; Table of Treaties and Other International Instruments; 1. Introduction; Institutional rationales for judicial restraint; Theoretical overview of the arbitrators' role; Summary of the findings; 2. Approaches to Judicial Restraint; Overview of the evaluative framework; Approaches to judicial restraint; Other contexts for judicial restraint; Conclusion; 3. Restraint Based on Relative Accountability; Evaluative framework; Review of legislative measures; Exercise of restraint
Comments on the characterization of democracy, elections, and politicsConclusion; 4. Restraint Based on Relative Capacity; Evaluative framework; Review of executive measures; Exercise of restraint; Comments on the characterization of government; Conclusion; 5. Restraint Based on Relative Suitability; Evaluative framework; Relationship to other adjudicative forums; Exercise of restraint; Conclusion; 6. Strict Controllers of Nations; Annexes; Bibliography; Index; A; B; C; D; E; F; G; H; I; J; L; M; N; O; P; R; S; T; U; V; W; Z