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The Role of the Domestic Law of the Host State in Determining the Jurisdiction 'ratione materiae' of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?

The Role of the Domestic Law of the Host State in Determining the Jurisdiction 'ratione materiae' of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?

作者： Reza Eftekhar
出版商： Brill Nijhoff
ISBN: 9789004469594
出版时间 October 2021
规格： Hardback
适应领域： Netherlands ? 免责申明：
Countri(es) stated herein are used as reference only

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The Role of the Domestic Law of the Host State in Determining the Jurisdiction 'ratione materiae' of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory? focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law’s essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant “localisation” theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of the investment treaty law. This is a significant milestone in the ongoing discussions on the reform of the investment treaty dispute settlement regime.
Introduction
Part 1. The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of an Investment Treaty Tribunal
Chapter 1. The Role of Domestic Law in Investment Treaty Arbitrations in General
Introduction to Chapters 2 & 3: The Role of Domestic Law in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals
Chapter 2. Application of Domestic Law to the Legality Requirement
Chapter 3. Application of Domestic Law to Questions Regarding the Existence of Rights over Property Constituting Investment
Part 2. The Revival of the Localisation Theory in Light of the Developments in Investment Treaty Law
Introduction to Chapters 4 & 5
Chapter 4. The Localisation Theory: Roots, Premises, and Its Legal Destiny
Chapter 5. Partial Revival of the Localisation Theory in the Field of Investment Treaty Arbitration: The Current Role of Host State Law and Host State Court
Final Conclusion
Sources
Index

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The Role of the Domestic Law of the Host State in Determining the Jurisdiction 'ratione materiae' of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?

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