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- Title
The Application of the Principle of Proportionality in Tecmed v. Mexico.
- Authors
Han Xiuli
- Abstract
The principle of proportionality has been applied in the case of Tecmed v. Mexico, an arbitration conducted under the auspices of the International Center for Settlement of Investment Disputes. Analysis indicates that its application will be expanded further. The principle of proportionality demands more than the non-discrimination treatment principle and is even regarded as an important principle included in the Fair and equitable treatment principle. While most of new bilateral investment treaties that China has entered into include tile fair and equitable treatment principle, the right of examination case by case has been gradually abandoned by China as the host country on the whole and international law is receiving more and more applications. the initiatory application of the principle (If proportionality in arbitrations concerning international investment and expropriation should arouse attention among Chinese scholars and authorities.
- Subjects
CHINA; PROPORTIONALITY (Ethics); ARBITRATION (Administrative law); FOREIGN investments; INTERNATIONAL law
- Publication
Chinese Journal of International Law, 2007, Vol 6, Issue 3, p635
- ISSN
1540-1650
- Publication type
Article
- DOI
10.1093/chinesejil/jmm032