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Analogies in International Investment Law and Arbitration Valentina Vadi (Lancaster University)

Analogies in International Investment Law and Arbitration By Valentina Vadi (Lancaster University)

Analogies in International Investment Law and Arbitration by Valentina Vadi (Lancaster University)


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Summary

In recent years, concerns have arisen in investor-state arbitration with regard to the magnitude of the decision-making power allocated to investment treaty tribunals. This book explores whether the use of analogies can improve the functioning of such arbitration, and how such analogies might be drawn.

Analogies in International Investment Law and Arbitration Summary

Analogies in International Investment Law and Arbitration by Valentina Vadi (Lancaster University)

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.

Analogies in International Investment Law and Arbitration Reviews

'Through a masterfully crafted analysis, Vadi guides the readers through the intricacies of this topic, investigating the tensions between the concept of legal culture and the 'invisible college of international lawyers', and ultimately reminding international lawyers that the use of analogies and paradigms is not to be regarded simply as an inconsequential academic pursuit, but has implications of considerable magnitude.' Niccolo Ridi, British Yearbook of International Law

About Valentina Vadi (Lancaster University)

Valentina Vadi is Reader (Associate Professor) in International Economic Law at Lancaster University. She is the author of Public Health in International Investment Law and Arbitration (2012) and Cultural Heritage in International Investment Law and Arbitration (Cambridge, 2014).

Table of Contents

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.

Additional information

NLS9781107472105
9781107472105
1107472105
Analogies in International Investment Law and Arbitration by Valentina Vadi (Lancaster University)
New
Paperback
Cambridge University Press
2018-12-13
318
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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