The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals

The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals
Author :
Publisher : BRILL
Total Pages : 422
Release :
ISBN-10 : 9789004469600
ISBN-13 : 9004469605
Rating : 4/5 (605 Downloads)

Book Synopsis The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals by : Reza Eftekhar

Download or read book The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals written by Reza Eftekhar and published by BRILL. This book was released on 2021-10-05 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


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