Investment Treaties, Sustainable Development and Reasonableness Review: A Case Against Strict Proportionality Balancing-Reference-Cited by-同舟云学术

Investment Treaties, Sustainable Development and Reasonableness Review: A Case Against Strict Proportionality Balancing

Published:2016-10-19 Issue:1 Volume:30 Page:71-91
ISSN:0922-1565
Container-title:Leiden Journal of International Law
language:en
Short-container-title:Leiden Journal of International Law

Author:

ORTINO FEDERICO

Abstract

AbstractThe article tackles the question of how far should investment tribunals go in reviewing the reasonableness of host state conduct. Based on an evolutionary interpretation of the preamble of international investment treaties and focusing on the principle of integration as the key element of the concept of sustainable development, the article's main argument is that investment tribunals should avoid a review based on proportionality stricto sensu or cost-benefit balancing.

Publisher

Cambridge University Press (CUP)

Subject

Law,Political Science and International Relations

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