close
Investment Treaty Arbitration and Public Law | Zookal Textbooks | Zookal Textbooks
  • Author(s) HHA Van Harten
  • Edition
  • Published20th July 2008
  • PublisherOxford University Press UK
  • ISBN9780199552146
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 privatised 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 Treaty Arbitration and Public Law

Format
Print on Demand

Leaves 10-15 days after printing

$61.72 $69.95 Save $8.23
or 4 payments of $15.43 with Zookal accepts Afterpay
Add Zookal Study FREE trial and save a further 20% 

NEW PRICE

$49.38 + free shipping

(20% off - save $12.34)

Zookal Study Free trial

14-day FREE trial. $14.95/mo after. Cancel anytime.

*Discount will apply at checkout.

 See terms and conditions

You will get a further 20% off for this item ($49.38 after discount) because you have added Zookal Study Premium Free Trial to your bag.

For this discount to apply, you will need to complete checkout with the Zookal Study Premium Free Trial in your bag.

-
+
  • Author(s) HHA Van Harten
  • Edition
  • Published20th July 2008
  • PublisherOxford University Press UK
  • ISBN9780199552146
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 privatised 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.
translation missing: en.general.search.loading