Chapter

The Transformation of International 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/9780199552146.003.0005

Series: Oxford Monographs in International Law

 The Transformation of International Law

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This chapter argues that the emergence of the system of investment treaty arbitration, when viewed against the canvass of international law, marks a major transformation in international adjudication. This is because investment treaties uniquely combine various innovative features of international adjudication to formulate a singularly far-reaching and potent system that uses arbitration to review and control states. The elements of investment treaty arbitration, and thus of the wider adjudicative power granted to arbitrators, are examined. It is argued that they establish investment treaty tribunals as the closest the world has come to an international court that has comprehensive jurisdiction over individual claims in the regulatory sphere.

Keywords: investment treaty arbitration; international adjudication; claims; state liability; forum shopping; international enforceability

Chapter.  15801 words. 

Subjects: Public International Law

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