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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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From Contract to Public Law

From Contract to Public Law

(p.45) 3 From Contract to Public Law
Investment Treaty Arbitration and Public Law

Gus Van Harten

Oxford University Press

This chapter begins with an outline of the methodology that is used to distinguish ‘public’ from ‘private’ in international arbitration, and an elaboration of underlying assumptions regarding concepts of juridical sovereignty and regulatory adjudication. The discussion then turns to the historical evolution of the treaty structure for international commercial arbitration and to its transplantation by investment treaties into the regulatory sphere. Finally, the conceptual foundations of commercial arbitration are explored as a basis for comparison to investment treaty arbitration, with particular focus on the nature of the state's consent in both contexts.

Keywords:   investment treaties, international treaty arbitration, juridical sovereignty, regulatory adjudication, contract, investor consent, commercial arbitration, state consent

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