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Investment Treaty Arbitration and Public Law$
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Gus Van Harten

Print publication date: 2008

Print ISBN-13: 9780199552146

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199552146.001.0001

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The Transformation of International Law

The Transformation of International Law

Chapter:
(p.95) 5 The Transformation of International Law
Source:
Investment Treaty Arbitration and Public Law
Author(s):

Gus Van Harten

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199552146.003.0005

This chapter argues that the emergence of the system of investment treaty arbitration, when viewed against the canvass of international law, marks a major transformation in international adjudication. This is because investment treaties uniquely combine various innovative features of international adjudication to formulate a singularly far-reaching and potent system that uses arbitration to review and control states. The elements of investment treaty arbitration, and thus of the wider adjudicative power granted to arbitrators, are examined. It is argued that they establish investment treaty tribunals as the closest the world has come to an international court that has comprehensive jurisdiction over individual claims in the regulatory sphere.

Keywords:   investment treaty arbitration, international adjudication, claims, state liability, forum shopping, international enforceability

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