Proportionality in Investor-State Arbitration - Rilegato

Bücheler, Gebhard

Rilegato

ISBN 10: 0198724330 ISBN 13: 9780198724339

Casa editrice: OUP Oxford, 2015

Riassunto

While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-State arbitration.

Proportionality is often lauded for reconciling colliding interests. This book identifies three factors arbitrators should consider before engaging in a proportionality analysis: the rule of law, the risk of judicial law-making, and the availability of a value system that guides the proportionality analysis. Apart from making suggestions when arbitrators should apply proportionality and when not to, the book outlines what States can do to recalibrate the balance between private property rights and the public interest if they wish to do so without dismantling the current system of investor-State arbitration.

Proportionality in Investor-State Arbitration considers whether and to what extent the notion of general principles of law within the meaning of Article 38(1)(c) of the ICJ Statute and the concept of systemic integration enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties provides a valid legal foundation for applying proportionality in investor-State arbitration.

Su questo libro

Recensione:

Bücheler's book Proportionality in Investor-State Arbitration is highly recommended for scholars, practitioners and arbitrators, as it discusses a variety of questions lying at the heart of international law and judicial decision-making ... Bücheler's work is a positive contribution to the conceptualization of the principle of proportionality in international legal theory, which comes at the right time to infuse the current public debate with positive ideas about how the system of international investment law might be further improved. (Björn P. Ebert and Roland Kläger, Journal of World Investment & Trade)

This book offers a comprehensive analysis on the usefulness of the principle of proportionality in investor-State arbitration. ... The book is a useful guide for treaty negotiators, practitioners and academics, since it clarifies the role of a principle that, by now, has been inconsistently applied by investment-treaty tribunals. (Dimitra Tsakira, ASA Bulletin)

Bücheler's book represents a most welcome voice in the present discourse. It not only contributes to academic clarification of its topic, but is also a guide to the practical application of the proportionality principle. I therefore commend Proportionality in Investor-State Arbitration to scholars, counsel and arbitrators as well as to domestic decision-makers, in particular to treaty negotiators. (Bruno Simma)

L'autore:

Gebhard Bücheler practices international arbitration with the law firm Seven Summits Arbitration. Qualified to practice law in New York and Germany, Gebhard acts as counsel and as arbitrator. He holds law degrees from Columbia Law School and LMU Munich, including a PhD in international investment law.

Su questa edizione

• Editore: OUP Oxford
• Data di pubblicazione: 2015
• ISBN 10: 0198724330
• ISBN 13: 9780198724339
• Rilegatura: Copertina rigida
• Numero di pagine: 354