Proportionality in Investor-State Arbitration

Gebhard Bücheler (Partner, Partner, Seven Summits Arbitration)

$293.95

Hardback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Oxford University Press
30 April 2015

International economic & trade law; Investment treaties & disputes; International arbitration

While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-State arbitration.

Proportionality is often lauded for reconciling colliding interests. This book identifies three factors arbitrators should consider before engaging in a proportionality analysis: the rule of law, the risk of judicial law-making, and the availability of a value system that guides the proportionality analysis. Apart from making suggestions when arbitrators should apply proportionality and when not to, the book outlines what States can do to recalibrate the balance between private property rights and the public interest if they wish to do so without dismantling the current system of investor-State arbitration.

Proportionality in Investor-State Arbitration considers whether and to what extent the notion of general principles of law within the meaning of Article 38(1)(c) of the ICJ Statute and the concept of systemic integration enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties provides a valid legal foundation for applying proportionality in investor-State arbitration.

By: Gebhard Bücheler (Partner Partner Seven Summits Arbitration)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 239mm, Width: 163mm, Spine: 29mm
Weight: 692g
ISBN: 9780198724339
ISBN 10: 0198724330
Pages: 354
Publication Date: 30 April 2015
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Gebhard Bücheler practices international arbitration with the law firm Seven Summits Arbitration. Qualified to practice law in New York and Germany, Gebhard acts as counsel and as arbitrator. He holds law degrees from Columbia Law School and LMU Munich, including a PhD in international investment law.

Reviews for Proportionality in Investor-State Arbitration

Bucheler's book represents a most welcome voice in the present discourse. It not only contributes to academic clarification of its topic, but is also a guide to the practical application of the proportionality principle. I therefore commend Proportionality in Investor-State Arbitration to scholars, counsel and arbitrators as well as to domestic decision-makers, in particular to treaty negotiators. * Bruno Simma * This book offers a comprehensive analysis on the usefulness of the principle of proportionality in investor-State arbitration. ... The book is a useful guide for treaty negotiators, practitioners and academics, since it clarifies the role of a principle that, by now, has been inconsistently applied by investment-treaty tribunals. * Dimitra Tsakira, ASA Bulletin * Bucheler's book Proportionality in Investor-State Arbitration is highly recommended for scholars, practitioners and arbitrators, as it discusses a variety of questions lying at the heart of international law and judicial decision-making ... Bucheler's work is a positive contribution to the conceptualization of the principle of proportionality in international legal theory, which comes at the right time to infuse the current public debate with positive ideas about how the system of international investment law might be further improved. * Bjoern P. Ebert and Roland Klager, Journal of World Investment & Trade *