Coverart for item
The Resource Proportionality and deference in investor-state arbitration : balancing investment protection and regulatory autonomy, Caroline Henckels, (electronic resource)

Proportionality and deference in investor-state arbitration : balancing investment protection and regulatory autonomy, Caroline Henckels, (electronic resource)

Label
Proportionality and deference in investor-state arbitration : balancing investment protection and regulatory autonomy
Title
Proportionality and deference in investor-state arbitration
Title remainder
balancing investment protection and regulatory autonomy
Statement of responsibility
Caroline Henckels
Title variation
Proportionality & Deference in Investor-State Arbitration
Creator
Subject
Language
eng
Summary
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.--
Member of
Assigning source
Provided by publisher
Cataloging source
UkCbUP
http://library.link/vocab/creatorDate
1982-
http://library.link/vocab/creatorName
Henckels, Caroline
Index
index present
Literary form
non fiction
Nature of contents
dictionaries
Series statement
  • Cambridge studies in international and comparative law
  • Cambridge Social Sciences eBooks
Series volume
122
http://library.link/vocab/subjectName
  • Investments, Foreign (International law)
  • International commercial arbitration
  • Proportionality in law
  • Respect
Label
Proportionality and deference in investor-state arbitration : balancing investment protection and regulatory autonomy, Caroline Henckels, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=https://doi.org/10.1017/CBO9781316104378
Instantiates
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Proportionality and deference in theoretical perspective -- Operationalizing deference in the context of proportionality analysis : comparative approaches -- Methods of review employed by investment tribunals in regulatory disputes -- The development of an institutionally sensitive approach to proportionality analysis in investor-state arbitration -- Other issues affecting the method and standard of review in investor-state arbitration
Control code
CR9781316104378
Dimensions
unknown
Extent
1 online resource (xxxii, 225 pages)
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781107458178
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital, PDF file(s).
Specific material designation
remote
System control number
(OCoLC)924638637
Label
Proportionality and deference in investor-state arbitration : balancing investment protection and regulatory autonomy, Caroline Henckels, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=https://doi.org/10.1017/CBO9781316104378
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Proportionality and deference in theoretical perspective -- Operationalizing deference in the context of proportionality analysis : comparative approaches -- Methods of review employed by investment tribunals in regulatory disputes -- The development of an institutionally sensitive approach to proportionality analysis in investor-state arbitration -- Other issues affecting the method and standard of review in investor-state arbitration
Control code
CR9781316104378
Dimensions
unknown
Extent
1 online resource (xxxii, 225 pages)
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781107458178
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital, PDF file(s).
Specific material designation
remote
System control number
(OCoLC)924638637

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