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Sovereign Choices and Sovereign Constraints – Judicial Restraint in Investment Treaty Arbitration - Oxford Scholarship Online
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Sovereign Choices and Sovereign Constraints: Judicial Restraint in Investment Treaty Arbitration

Gus Van Harten


Investment arbitrators rely on sovereignty for their legal status just as investor-state disputes usually stem from disagreements about the role of the state in society. As a result, investment arbitration is a vehicle for the exercise of sovereign authority and a site for contesting sovereign choices. This book investigates and evaluates the decision-making record and policy trajectory of international investment arbitration, from theoretical, doctrinal, and empirical perspectives. It analyses the extent to which the system used to resolve disputes impacts on the role of government, affecting ... More

Keywords: investment arbitrators, sovereignty, investor-state disputes, sovereign authority, sovereign choices, government measures, investment tribunals, domestic courts, international courts

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199678648
Published to Oxford Scholarship Online: January 2014 DOI:10.1093/acprof:oso/9780199678648.001.0001


Affiliations are at time of print publication.

Gus Van Harten, author
Associate Professor of Law, Osgoode Hall Law School, York University Canada