Analogies in International Investment Law and Arbitration

Scrutinises the impact a comparative approach can have on investment law, and identifies a method for drawing sound analogies.

Valentina Vadi (Author)

9781107093317, Cambridge University Press

Hardback, published 11 December 2015

320 pages
22.9 x 15.2 x 1.9 cm, 0.59 kg

'Through a masterfully crafted analysis, Vadi guides the readers through the intricacies of this topic, investigating the tensions between the concept of legal culture and the 'invisible college of international lawyers', and ultimately reminding international lawyers that the use of analogies and paradigms is not to be regarded simply as an inconsequential academic pursuit, but has implications of considerable magnitude.' Niccolò Ridi, British Yearbook of International Law

Although investment treaty arbitration has become the most common method for settling investor-state disputes, some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. Many of the recent arbitral awards have determined the boundary between two conflicting values: the legitimate sphere for state regulation in the pursuit of public goods, and the protection of foreign private property from state interference. Can comparative reasoning help adjudicators in interpreting and applying broad and open-ended investment treaty provisions? Can the use of analogies contribute to the current debate over the legitimacy of investor-state arbitration, facilitating the consideration of the commonweal in the same? How should comparisons be made? What are the limits of comparative approaches to investment treaty law and arbitration? This book scrutinises the impact a comparative approach can have on investment law, and identifies a method for drawing sound analogies.

Introduction
Part I. Comparative Reasoning and International Investment Law: 1. Comparative law, methods and reasoning
2. International investment law and arbitration
3. Comparative reasoning and international investment law
Part II. Analogies in Investment Treaty Arbitration: 4. Micro-comparisons in investment treaty arbitration
5. Macro-comparisons in investment treaty arbitration
6. Comparative reasoning in international investment law and arbitration: challenges and prospects
Conclusions.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], International economic & trade law [LBBM], Public international law [LBB], Law [L]