Investment Treaty Arbitration and Public Law by HHA Van Harten
Look inside with Google Book Preview
Investment Treaty Arbitration and Public Law
By HHA Van Harten

Investment Treaty Arbitration and Public Law

By (author) See other recent books by HHA Van Harten
Format: Paperback

Normal Price: $67.95
Your Price: $61.16 AUD, inc. GST
Shipping: $7.95 per order
You Save: $6.80! (10% off normal price)
Plus...earn $3.06 in Boomerang Bucks
Availability: Available Available to Backorder, No Due Date for Supply



Investment Treaty Arbitration and Public Law by HHA Van Harten

Book Description

The recent explosion of investment treaty arbitration marks a revolutionary change in both international and public law, above all because it demonstrates how states have unwittingly privatised key powers of the courts in public law. This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law. Second, these awards can be enforced in as many as 165 countries, making them more widely enforceable than other judicial decisions in public law. Third, public law can be interpreted in private as a matter of course, without any appeal to a court to correct errors of law. The conflict between private arbitration and public law poses a serious challenge to open and accountable judging. But the critical flaw of the system - hitherto neglected - is its threat to judicial independence based on security of tenure. Under investment treaties, business claims against the state are decided by privately contracted adjudicators, who win appointments only as more claims are brought. Thus, as the book explains, the 'judge' has a financial stake in how public law is interpreted and in the outcome of the dispute. While it is laudable to use international adjudication to resolve controversial disputes, the benefits of a global economy are no excuse for corrupting our historic tradition of independent courts.

Buy Investment Treaty Arbitration and Public Law book by HHA Van Harten from Australia's Online Bookstore, Boomerang Books.


Book Details

ISBN: 9780199552146
ISBN-10: 0199552142
Format: Paperback
(234mm x 157mm x 14mm)
Pages: 248
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 14-Aug-2008
Country of Publication: United Kingdom

Reviews

» Have you read this book? We'd like to know what you think about it - write a review about Investment Treaty Arbitration and Public Law book by HHA Van Harten and you'll earn 50c in Boomerang Bucks loyalty dollars (you must be a member - it's free to sign up!)

Write a book review


Author Biography - HHA Van Harten

Assistant Professor, Osgoode Hall Law School, York University, Ontario

Boomerang Bucks close

For every $20 you spend on books, you will receive $1 in Boomerang Bucks loyalty dollars. You can use your Boomerang Bucks as a credit towards a future purchase from Boomerang Books. Note that you must be a Member (free to sign up) and that conditions do apply.

Recent books by HHA Van Harten close
»
BoomerangBooks.com.au close