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This book provides a comprehensive account of the CETA Investment Chapter’s ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a fundamental rule of law crisis within investment arbitration. In particular, it asserts that the normative standpoints of the legitimacy crisis form part of the rule of law, the uniting legal principle from which the legitimacy concerns stem. The book contends that the rule of law is not only the principal normative and causal assumption on which the legitimacy concerns are based, but that it could also be utilized as a platform to e...
This volume builds upon the new worldwide interest in the global Middle Ages. It investigates the prismatic heritage and eclectic artistic production of Eastern Europe between the fourteenth and seventeenth centuries, while challenging the temporal and geographical parameters of the study of medieval, Byzantine, post-Byzantine, and early-modern art. Contact and interchange between primarily the Latin, Greek, and Slavic cultural spheres resulted in local assimilations of select elements that reshaped the artistic landscapes of regions of the Balkan Peninsula, the Carpathian Mountains, and further north. The specificities of each region, and, in modern times, politics and nationalistic approac...
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
This volume shows how investment arbitration may be reformed to achieve both increased investment flows and improved access to justice.
Eleni Pappa is a researcher at the Academy of Athens. --Book Jacket.
This text explores how the public purpose doctrine reconciles the conflicting obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. It examines the multiple permutations and iterations of the doctrine and the inherent fundamental flaws that lead to disparities in the relationship between investors and states.
In recent years, concerns have arisen in investor-state arbitration with regard to the magnitude of the decision-making power allocated to investment treaty tribunals. This book explores whether the use of analogies can improve the functioning of such arbitration, and how such analogies might be drawn.
Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of...
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