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Domestic Law in International Investment Arbitration | Oxford Scholarship Online
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Domestic Law in International Investment Arbitration

Jarrod Hepburn

Abstract

Domestic law plays an important role in investment treaty arbitration. But we know too little about this role. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions, with significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members, have received limited attention. Drawing on case-law, international law principles, and comparative analysis, this book offers answers. Part I of the book examines three areas of investment law—the ... More

Keywords: domestic law, investment treaty arbitration, international law, fair and equitable treatment, expropriation, remedies, domestic law as fact, iura novit curia, expert evidence

Bibliographic Information

Print publication date: 2017 Print ISBN-13: 9780198785736
Published to Oxford Scholarship Online: April 2017 DOI:10.1093/acprof:oso/9780198785736.001.0001

Authors

Affiliations are at time of print publication.

Jarrod Hepburn, author
McKenzie Post-Doctoral Research Fellow, Melbourne Law School