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- Title
PROPORTIONALITY, GENERAL PRINCIPLES OF LAW, AND INVESTOR-STATE ARBITRATION: A RESPONSE TO JOSÉ ALVAREZ.
- Authors
SWEET, ALEC STONE; CANANEA, GIACINTO DELLA
- Abstract
The article examines the concept of proportionality in international law with a particular focus on general principles of law and investor-state arbitration (ISA). It discusses the use of proportionality analysis (PA) by national and international courts such as the International Court of Justice (ICJ), proportionality as understood in what the article refers to as the Argentina cases and the role of the group the International Centre for Settlement of Investment Disputes (ICSID), and due process concerning boundary crossings.
- Subjects
PROPORTIONALITY in law; INVESTOR-state arbitration; INTERNATIONAL law; INTERNATIONAL Court of Justice; INTERNATIONAL Centre for Settlement of Investment Disputes; BOUNDARY laws; DUE process of law
- Publication
New York University Journal of International Law & Politics, 2014, Vol 46, Issue 3, p911
- ISSN
0028-7873
- Publication type
Article