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- Title
THE LIMITS OF THE COMPARATIVE PUBLIC LAW METHODOLOGY IN INTERNATIONAL INVESTMENT LAW: AN AUSTRALIAN CASE STUDY.
- Authors
FERGUSON, ALEXANDER
- Abstract
Government conduct is increasingly reviewable by investment treaty tribunals. These tribunals often consider whether a host state has failed to afford fair and equitable treatment by defeating a foreign investor's legitimate expectations. To discern what a foreign investor can legitimately expect, some tribunals use a comparative public law methodology that draws on domestic public law. Using Australian law as a case study, I suggest that the comparative public law methodology may not be able to achieve all of its aims.
- Subjects
PUBLIC law; FOREIGN investments; INVESTMENTS; INVESTORS; INTERNATIONAL courts
- Publication
University of New South Wales Law Journal, 2018, Vol 41, Issue 2, p526
- ISSN
0313-0096
- Publication type
Article
- DOI
10.53637/dxbe7638