Analogies in International Investment Law and Arbitration by Valentina Vadi

By Valentina Vadi

even supposing funding treaty arbitration has develop into the commonest approach for settling investor-state disputes, a few students and practitioners have expressed trouble concerning the significance of decision-making strength allotted to funding treaty tribunals. some of the contemporary arbitral awards have decided the boundary among conflicting values: the valid sphere for country rules within the pursuit of public items, and the safety of overseas inner most estate from kingdom interference. Can comparative reasoning aid adjudicators in examining and using extensive and open-ended funding treaty provisions? Can using analogies give a contribution to the present debate over the legitimacy of investor-state arbitration, facilitating the glory of the commonweal within the comparable? How may still comparisons be made? What are the bounds of comparative techniques to funding treaty legislations and arbitration? This e-book scrutinises the impression a comparative technique could have on funding legislation, and identifies a mode for drawing sound analogies.

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