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This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means for effective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combat corruption are proposed. Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trends emerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in 'live' issues of corruption within arbitral proceedings. Part III reflects on the implications of these trends for both the 'supply' and 'demand' sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.
This book investigates the role and effectiveness of international investment arbitration as a mechanism for controlling transnational corruption within the global legal order. Author Aloysius P. Llamzon, an expert in international dispute resolution, synthesizes existing case law and legal theory to evaluate how tribunals address corruption. He argues that while traditional international law has struggled to curb these practices, investment arbitration offers a unique, albeit evolving, framework for accountability and reform.
What You Will Find
Scope Limits
Legal practitioners and scholars frequently cite this work as a foundational text for understanding the intersection of investment law and anti-corruption measures. Experts highlight the book's utility as a practical reference tool for those navigating complex arbitral proceedings involving allegations of corruption.
Page Count:
356
Publication Date:
2014-01-01
Publisher:
OUP Oxford
ISBN-10:
0191023701
ISBN-13:
9780191023705
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