Chapter

From Contract to Public Law

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print August 2008 | ISBN: 9780199552146
Published online January 2009 | e-ISBN: 9780191711558 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199552146.003.0003

Series: Oxford Monographs in International Law

 From Contract to Public Law

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This chapter begins with an outline of the methodology that is used to distinguish ‘public’ from ‘private’ in international arbitration, and an elaboration of underlying assumptions regarding concepts of juridical sovereignty and regulatory adjudication. The discussion then turns to the historical evolution of the treaty structure for international commercial arbitration and to its transplantation by investment treaties into the regulatory sphere. Finally, the conceptual foundations of commercial arbitration are explored as a basis for comparison to investment treaty arbitration, with particular focus on the nature of the state's consent in both contexts.

Keywords: investment treaties; international treaty arbitration; juridical sovereignty; regulatory adjudication; contract; investor consent; commercial arbitration; state consent

Chapter.  15660 words. 

Subjects: Public International Law

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