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  3. Proportionality and Deference in Investor-State Arbitration
  • Cited by 37
Publisher:
Cambridge University Press
Online publication date:
October 2015
Print publication year:
2015
Online ISBN:
9781316104378
DOI:
https://doi.org/10.1017/CBO9781316104378
Subjects:
Public International Law, Law, Politics and International Relations, International Relations and International Organisations
Series:
Cambridge Studies in International and Comparative Law (122)
Information

Book description

In this study, Caroline Henckels examines how investment tribunals have balanced the competing interests of host states and foreign investors in determining state liability in disputes concerning the exercise of public power. Analyzing the concepts of proportionality and deference in investment tribunals' decision-making in comparative perspective, the book proposes a new methodology for investment tribunals to adopt in regulatory disputes, which combines proportionality analysis with an institutionally sensitive approach to the standard of review. Henckels argues that adopting a modified form of proportionality analysis would provide a means for tribunals to decide cases in a more consistent and coherent manner leading to greater certainty for both states and investors, and that affording due deference to host states in the determination of liability would address the concern that the decisions of investment tribunals unjustifiably impact on the regulatory autonomy of states.

Reviews

'… this book is an incisive and important contribution to the burgeoning literature on international investment law, and indeed other fields of international law as well as jurisprudence.'

Luke Nottage Source: Journal of World Investment and Trade

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