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Proportionality in Investor-State Arbitration - Oxford Scholarship Online
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Proportionality in Investor-State Arbitration

Gebhard Bücheler

Abstract

While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor–State arbitration. Proportionality is often lauded for reconciling colliding interests. This book identifies three factors arbitrators should consider before engaging in a proportionality analysis: the rule ... More

Keywords: international investment law, proportionality, investor–State arbitration, rule of law, judicial law-making, value system, proportionality analysis

Bibliographic Information

Print publication date: 2015 Print ISBN-13: 9780198724339
Published to Oxford Scholarship Online: November 2015 DOI:10.1093/acprof:oso/9780198724339.001.0001

Authors

Affiliations are at time of print publication.

Gebhard Bücheler, author
Associate, Wach + Meckes LLP