International Investment Law and Comparative Public Law (Hardcover)
 
作者: Stephan W. Schill 
分類: Comparative law ,
International economic & trade law ,
Investment treaties & disputes ,
Constitutional & administrative law  
書城編號: 706547


售價: $4270.00

購買後立即進貨, 約需 18-25 天

 
 
出版社: 牛津大學中國
出版日期: 2010/12/10
重量: 1.68 kg
ISBN: 9780199589104

商品簡介
Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalized form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration.

This has been recognized in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework.

The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.

Stephan W. Schill 作者作品表

eBook: Yearbook Commercial Arbitration, Volume XLVIII (2023) (DRM PDF)

eBook: Yearbook Commercial Arbitration, Volume XLVII (2022) (DRM PDF)

eBook: Yearbook Commercial Arbitration, Volume XLVII (2022) (DRM EPUB)

eBook: Yearbook Commercial Arbitration, Volume XLVI (2021) (DRM PDF)

eBook: Yearbook Commercial Arbitration, Volume XLVI (2021) (DRM EPUB)

eBook: Yearbook Commercial Arbitration, Volume XLIV (2019) (DRM PDF)

eBook: Yearbook Commercial Arbitration, Volume XLIV (2019) (DRM EPUB)

eBook: YEARBOOK COMMERCIAL ARBITRATION VOLUME XLIII - 2018 (DRM PDF)

eBook: YEARBOOK COMMERCIAL ARBITRATION VOLUME XLIII - 2018 (DRM EPUB)

International Investment Law and Comparative Public Law (Hardcover)

The Multilaterization of International Investment Law (hardcover)

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