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? / by Reza Eftekhar.

Author/creator Eftekhar, Reza, 1986-
Format Electronic
Publication InfoLeiden ; Boston : Brill Nijhoff, [2021]
Descriptionxiii, 408 pages ; 24 cm.
Supplemental ContentFull text available from Ebook Central - Academic Complete
Subjects

SeriesNijhoff international investment law series, 2351-9542 ; volume 20
Contents Introduction -- The role of domestic law in investment treaty arbitrations in general -- Application of domestic law to the legality requirement -- Application of domestic law to questions regarding the existence of rights over property constituting investment -- The localisation theory -- Partial revival of the localisation theory in the field of investment treaty arbitration : the current role of host state law and host state court -- Conclusion.
Abstract "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 investment treaty law. This is a significant milestone in the ongoing discussions on the reform of investment treaty dispute settlement regime"-- Provided by publisher.
General noteBased on author's thesis (doctoral - Universiteit Leiden, 2019).
Bibliography noteIncludes bibliographical references and index.
Access restrictionAvailable only to authorized users.
Technical detailsMode of access: World Wide Web
Genre/formElectronic books.
LCCN 2021029035
ISBN9789004469594 (hardback)
ISBN(ebook)

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