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Vol 25 No 2 Feb/March 2020

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Judicial Acts and Investment Treaty Arbitration (eBook)


ISBN13: 9781108187541
Published: January 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £21.60
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Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims.

Although there are no special responsibility regimes for different functions of the state, the application of investment treaty standards and the threshold for their breach may vary depending on the function involved.

Accordingly, in order for the state to incur responsibility for a wrongful act committed in the exercise of its judicial function, there are some specific conditions that should be met: the investor must establish that the state is responsible for a breach attributable to the state; the investment tribunal has jurisdiction over the particular dispute; and the damage that the investor has suffered is a result of the particular breach.

Berk Demirkol addresses questions in relation to the substance, jurisdiction, admissibility, and remedies in cases where state responsibility arises from a wrongful judicial act.

Subjects:
eBooks, International Investment Law
Contents:
1. International State Responsibility for Judicial Acts under General International Law
2. International Protection with Respect to Wrongful Judicial Acts in Investment Treaty Arbitration
3. Completeness of the Breach and Exhaustion of Local Remedies as a Substantive Requirement
4. Redressing Wrongful Judicial Acts in Investment Treaty Arbitration
5. Denial of Justice and Violation of Due Process
6. Supervisory Function of Domestic Courts over International Commercial Arbitration
7. Coercive Measures of the Judiciary Against the Investor
8. Conclusion

Series: Cambridge International Trade and Economic Law

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The Public International Law of Trade in Legal Services ISBN 9781108423526
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The Public International Law of Trade in Legal Services (eBook) ISBN 9781108530392
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Developing Countries and Preferential Services Trade ISBN 9781316603673
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Reclaiming Development in the World Trading System 2nd ed ISBN 9781107491571
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Judicial Acts and Investment Treaty Arbitration ISBN 9781107198463
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The Social Foundations of World Trade: Norms, Community and Constitution ISBN 9781108441933
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Developing Countries and Preferential Services Trade ISBN 9781107147560
Published July 2016
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The WTO and International Investment Law: Converging Systems ISBN 9781107009707
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The Law, Economics and Politics of International Standardisation ISBN 9781107128330
Published December 2015
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The Social Foundations of World Trade: Norms, Community and Constitution ISBN 9781107036611
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The Challenge of Safeguards in the WTO ISBN 9781107071780
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African Regional Trade Agreements as Legal Regimes ISBN 9781107670303
Published November 2013
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Domestic Judicial Review of Trade Remedies: Experiences of the Most Active WTO Members
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African Regional Trade Agreements as Legal Regimes ISBN 9780521769839
Published July 2011
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Law, Economics and Politics of Retaliation in WTO Dispute Settlement ISBN 9780521119979
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The Multilaterization of International Investment Law ISBN 9780521762366
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