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Investment Treaty Arbitration and Public Law
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Investment Treaty Arbitration and Public Law

Gus Van Harten

Abstract

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. The 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 a ... More

Keywords: international law, public law, regulatory disputes, commercial arbitration, investment court, judicial independence, security of tenure, international adjudication, investment treaty arbitration, investment law, regulation

Bibliographic Information

Print publication date: 2008 Print ISBN-13: 9780199552146
Published to Oxford Scholarship Online: January 2009 DOI:10.1093/acprof:oso/9780199552146.001.0001

Authors

Affiliations are at time of print publication.

Gus Van Harten, author
Assistant Professor, Osgoode Hall Law School, York University, Ontario