Chapter

The Businessman's Court

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/9780199552146.003.0007

Series: Oxford Monographs in International Law

 The Businessman's Court

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This chapter focuses on the problems arising from the use of arbitration to resolve regulatory disputes. Four criteria of public law adjudication — accountability, openness, coherence, and independence — are reviewed in order to identify flaws with the present system. A framework for reform of the system is proposed, involving the establishment by like-minded states of an international judicial body to replace the existing system of investment treaty arbitration.

Keywords: public law; investment treaty arbitration; regulatory disputes; accountability; openness; coherence; independence; investment court; international adjudication

Chapter.  18460 words. 

Subjects: Public International Law

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