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Domestic Law Often Plays An Important Role In Investment Treaty Arbitration, But How It Should Be Addressed Is Unclear. Drawing On Case Law, International Law Principles, And Comparative Analysis, This Book Sets Out A Framework For Engaging With Domestic Law. Introduction -- Domestic Law And Fair And Equitable Treatment -- Domestic Law And Expropriation -- Domestic Law And Remedies -- Ascertaining The Contents Of Domestic Law In Investment Arbitration -- Applying The Framework: Preliminaries -- Applying The Framework: In Practice -- Conclusion. By Jarrod Hepburn. Includes Bibliographical References (pages 199-207) And Index.
This book investigates the ambiguous role of domestic law within the framework of international investment treaty arbitration and proposes a structured methodology for its application. Jarrod Hepburn, a legal scholar, synthesizes existing case law, international legal principles, and comparative analysis to address the lack of clarity regarding how tribunals should interpret and apply national laws. The text provides a systematic framework designed to assist practitioners and arbitrators in navigating the complex intersection between domestic legal systems and international investment obligations.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this work as a significant contribution to the field of international investment law due to its focus on a previously under-theorized procedural issue. Experts highlight the text as a practical resource for those seeking to navigate the complexities of applying national law within international arbitral tribunals.
Page Count:
320
Publication Date:
2017-01-01
Publisher:
Oxford University Press,
ISBN-10:
0191088676
ISBN-13:
9780191088674
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