MARC details
| 000 -LEADER |
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| fixed length control field |
02847nam a22002057a 4500 |
| 003 - CONTROL NUMBER IDENTIFIER |
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| control field |
VITAP |
| 005 - DATE AND TIME OF LATEST TRANSACTION |
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| control field |
20230429090935.0 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
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| fixed length control field |
230428b ||||| |||| 00| 0 eng d |
| 020 ## - INTERNATIONAL STANDARD BOOK NUMBER |
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| International Standard Book Number |
9780199552146 |
| 040 ## - CATALOGING SOURCE |
|---|
| Transcribing agency |
VITAP |
| 082 ## - DEWEY DECIMAL CLASSIFICATION NUMBER |
|---|
| Edition number |
23rd |
| Classification number |
346.07 VAN |
| 100 ## - MAIN ENTRY--PERSONAL NAME |
|---|
| 9 (RLIN) |
11802 |
| Personal name |
Van Harten, Gus |
| 245 ## - TITLE STATEMENT |
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| Title |
Investment Treaty Arbitration and Public Law / |
| Statement of responsibility, etc. |
Gus Van Harten |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. |
|---|
| Place of publication, distribution, etc. |
New york |
| Name of publisher, distributor, etc. |
Oxford University Press |
| Date of publication, distribution, etc. |
2007 |
| 300 ## - PHYSICAL DESCRIPTION |
|---|
| Extent |
xxxii, 214p. : ill. ; 24cm |
| 500 ## - GENERAL NOTE |
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| General note |
It includes Bibliography and Index Pages.<br/><br/>Description:<br/>The recent explosion of investment treaty arbitration marks a revolutionary change in both international and public law, above all because it demonstrates how states have unwittingly privatised key powers of the courts in public law.<br/><br/>This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law. Second, these awards can be enforced in as many as 165 countries, making them more widely enforceable than other judicial decisions in public law. Third, public law can be interpreted in private as a matter of course, without any appeal to a court to correct errors of law.<br/><br/>The conflict between private arbitration and public law poses a serious challenge to open and accountable judging. But the critical flaw of the system - hitherto neglected - is its threat to judicial independence based on security of tenure. Under investment treaties, business claims against the state are decided by privately contracted adjudicators, who win appointments only as more claims are brought. Thus, as the book explains, the 'judge' has a financial stake in how public law is interpreted and in the outcome of the dispute. While it is laudable to use international adjudication to resolve controversial disputes, the benefits of a global economy are no excuse for corrupting our historic tradition of independent courts.<br/><br/>Table of Contents<br/><br/>1:Introduction<br/>2:Background<br/>3:Individualization<br/>4:Scope and Substance<br/>5:Approaches and Interpretation<br/>6:From Contract to Governing Arrangement<br/>7:Conclusion |
| 650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| 9 (RLIN) |
11804 |
| Topical term or geographic name entry element |
Commercial treaties; Investments, Foreign--Law and legislation; International commercial arbitration; Arbitration and award; Conflict of laws--Arbitration and award |
| 856 ## - ELECTRONIC LOCATION AND ACCESS |
|---|
| Uniform Resource Identifier |
<a href="https://global.oup.com/academic/product/investment-treaty-arbitration-and-public-law-9780199552146?cc=in&lang=en&#">https://global.oup.com/academic/product/investment-treaty-arbitration-and-public-law-9780199552146?cc=in&lang=en&#</a> |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
|---|
| Source of classification or shelving scheme |
Dewey Decimal Classification |
| Koha item type |
Reference Book |
| Edition |
23rd |
| Classification part |
346.07 |
| Call number suffix |
VAN |
