Proportionality in Investor-State Arbitration

Author:   Gebhard Bücheler (Partner, Partner, Seven Summits Arbitration)
Publisher:   Oxford University Press
ISBN:  

9780198724339


Pages:   354
Publication Date:   11 June 2015
Format:   Hardback
Availability:   In Print   Availability explained
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Proportionality in Investor-State Arbitration


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Author:   Gebhard Bücheler (Partner, Partner, Seven Summits Arbitration)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 2.90cm , Length: 23.90cm
Weight:   0.692kg
ISBN:  

9780198724339


ISBN 10:   0198724330
Pages:   354
Publication Date:   11 June 2015
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

1: Introduction 2: The System of Investor-State Arbitration 3: Proportionality as a General Principle of Law 4: Proportionality and the Concept of Systemic Integration 5: Proportionality and Expropriation 6: Proportionality and the FET Standard 7: Proportionality and NPM Clauses: Article XI of the Argentina-US BIT 8: Proportionality and the Customary International Law Defence of Necessity 9: Summary and Concluding Remarks

Reviews

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


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 *


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 *


Author Information

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.

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