Tuesday, December 18, 2018

Alvarez: Boundaries of Investment Arbitration

José E. Alvarez (New York Univ. - Law) has published Boundaries of Investment Arbitration (JurisNet 2018). Here's the abstract:
The Boundaries of Investment Arbitration analyses references to European human rights and WTO law in investor-state rulings, advances reasons for these resorts to “non-investment” law, and puts these “boundary crossings” in broader context. It enumerates the legal gateways for these “public law” references and considers what engagement with human rights and trade law tells us about the motivations of investor-state arbitrators, scholars, and civil society. Exploring when and how arbitrators or litigants reach into other international law regimes to interpret the content of international investment law says a great deal about what that law is—and is not.