Bibliograph

The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals, The Partial Revival of the Localisation Theory?, Reza Eftekhar

Type

Label

The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals, The Partial Revival of the Localisation Theory?, Reza Eftekhar

Language

eng

Bibliography note

Includes bibliographical references and index

Index

index present

Literary Form

non fiction

Main title

The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals

Medium

electronic resource

Nature of contents

dictionariesbibliography

Oclc number

1257313325

Responsibility statement

Reza Eftekhar

Series statement

Brill E-BooksNijhoff International Investment Law Series, 20

Sub title

The Partial Revival of the Localisation Theory?

Summary

"The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?" focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law's essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant "localisation" theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of investment treaty law. This is a significant milestone in the ongoing discussions on the reform of investment treaty dispute settlement regime"--, Provided by publisher

Table Of Contents

Introduction -- The role of domestic law in investment treaty arbitrations in general -- Application of domestic law to the legality requirement -- Application of domestic law to questions regarding the existence of rights over property constituting investment -- The localisation theory -- Partial revival of the localisation theory in the field of investment treaty arbitration : the current role of host state law and host state court -- Conclusion

resource.variantTitle

The Partial Revival of the Localisation Theory?

Creator