Investment Treaty Arbitration and Public Law ,
by Gus Van Harten, Oxford University Press 2007,
ISBN 978-0-19-921789-2, H/B. pp xxxii + 214
The emerging system of investment treaty arbitration has caused great concerns as to its far-reaching impact on a States regulatory powers and the financial burden on a States budget as a result of a tribunals expansive approach to treaty interpretation. Investment Treaty Arbitration and Public Law provides a critical analysis of the international treaty arbitration system which has emerged from a network of international investment treaties. Essentially, this book questions the propriety of the application of a private law model of commercial arbitration to settle investment disputes engaging regulatory matters which could be better resolved by accountable and independent adjudicators operating under a framework of public law adjudication. The book comprises seven chapters which are reviewed as follows.