Investment Treaty Arbitration as Public International Law: Procedural Aspects and Implications

by Eric De Brabandere

Overview

Investment treaty arbitration is fast becoming one of the most common methods of dispute settlement in international law. Despite having ancient roots, tensions remain between the private interests in international investment relations and the public international law features of the arbitral procedure. This book, which presents an account of investment treaty arbitration as a part of public international law - as opposed to commercial law - provides an important contribution to the literature on this subject. Eric De Brabandere examines the procedural implications of conceiving of investment treaty arbitration in such a way, with regard to issues such as the principles of confidentiality and privacy, and remedies. The author demonstrates how the public international law character of investment treaty arbitration derives from, and has impacted upon, the dispute settlement procedure.

Product Details

ISBN-13:	9781107670020
Publisher:	Cambridge University Press
Publication date:	01/21/2016
Series:	Cambridge Studies in International and Comparative Law , #112
Pages:	264
Product dimensions:	5.98(w) x 9.02(h) x 0.55(d)

About the Author

Eric De Brabandere is Associate Professor of International Law at the Grotius Centre for International Legal Studies at Leiden University, and a Member of the Brussels Bar.

Table of Contents

Introduction; Part I. The Public International Law Character of Investment Treaty Arbitration: 1. The public international law foundation of investment treaty arbitration; 2. The legal character of the direct access of foreign investors to investment treaty arbitration; Part II. Procedural Aspects and Implications of the Public International Law Character of Investment Treaty Arbitration: 3. The role, function and qualifications of arbitrators in investment treaty arbitration; 4. The applicable law and non-investment considerations in investment treaty arbitration; 5. Transparency and public access in investment treaty arbitration; 6. Public international law remedies in investment treaty arbitration; Conclusion.

Editorial Reviews

"… this is a useful book which sheds light on a number of disputed issues in international investment law."
Christoph Schreuer, Netherlands International Law Review

"… the book is interesting, easy to read and thought-provoking, leaving one with an … appetite for more."
Marcin Menkes, Journal of International Banking Law and Regulation

From the Publisher