 |
|
|
Item Details
| Title:
|
APPLICABLE LAW IN INVESTOR-STATE ARBITRATION
THE INTERPLAY BETWEEN NATIONAL AND INTERNATIONAL LAW |
| By: |
Hege Elisabeth Kjos |
| Format: |
Hardback |
| List price:
|
£142.50 |
| Our price: |
£138.23 |
| Discount: |
|
| You save:
|
£4.27 |
|
|
|
|
|
| ISBN 10: |
0199656959 |
| ISBN 13: |
9780199656950 |
| Availability: |
Usually dispatched within 3-5 days.
 Delivery
rates
|
| Stock: |
Currently 1item in stock |
| Publisher: |
OXFORD UNIVERSITY PRESS |
| Pub. date: |
21 March, 2013 |
| Series: |
Oxford Monographs in International Law |
| Pages: |
344 |
| Description: |
Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply. |
| Synopsis: |
This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order.The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor-state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin. |
| Publication: |
UK |
| Imprint: |
Oxford University Press |
| Returns: |
Returnable |
|
|
|
 |
|
|
|
|
|
No Cheese, Please!
A fun picture book for children with food allergies - full of friendship and super-cute characters!Little Mo the mouse is having a birthday party.
|
My Brother Is a Superhero
Luke is massively annoyed about this, but when Zack is kidnapped by his arch-nemesis, Luke and his friends have only five days to find him and save the world...
|
|
|
|
|