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题名/责任者:

Analogies in international investment law and arbitration / Valentina Vadi.

出版发行项:

Cambridge, United Kingdom : Cambridge University Press, 2016.

ISBN:

9781107093317 (hardback)

载体形态项:

xiii, 304 pages ; 24 cm

个人责任者:

Vadi, Valentina, author.

论题主题:

Investments, Foreign-Law and legislation.

论题主题:

International commercial arbitration.

中图法分类号:

D996.4

书目附注:

Includes bibliographical references (pages 261-294) and index.

内容附注:

Machine generated contents note: Introduction; Part I. Comparative Reasoning and International Investment Law: 1. Comparative law, methods and reasoning; 2. International investment law and arbitration; 3. Comparative reasoning and international investment law; Part II. Analogies in Investment Treaty Arbitration: 4. Micro-comparisons in investment treaty arbitration; 5. Macro-comparisons in investment treaty arbitration; 6. Comparative reasoning in international investment law and arbitration: challenges and prospects; Conclusions.

摘要附注:

"Although investment treaty arbitration has become the most common method for settling investor-state disputes, some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. Many of the recent arbitral awards have determined the boundary between two conflicting values: the legitimate sphere for state regulation in the pursuit of public goods, and the protection of foreign private property from state interference. Can comparative reasoning help adjudicators in interpreting and applying broad and open-ended investment treaty provisions? Can the use of analogies contribute to the current debate over the legitimacy of investor-state arbitration, facilitating the consideration of the commonweal in the same? How should comparisons be made? What are the limits of comparative approaches to investment treaty law and arbitration? This book scrutinises the impact a comparative approach can have on investment law, and identifies a method for drawing sound analogies"--

摘要附注:

"This book aims at scrutinising the role that comparative reasoning plays in international investment law and arbitration and identifying a method for drawing sound analogies. This investigation is of the utmost theoretical and practical relevance for investment law scholars and practitioners. It can also attract comparative lawyers' interests proposing international investment law as a new frontier of investigation for comparative law"--

电子资源:

http://ftp-ab.calis.edu.cn:3000/view.asp?oid=\201711050\ZJT201609021\022016039861&type=1

电子资源:

http://ftp-ab.calis.edu.cn:3000/view.asp?oid=\201711050\ZJT201609021\022016039861&type=3

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