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24 Aug 2021 04:02:12 UTC
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Judicial Acts and Investment Treaty Arbitration
Author: Berk Demirkol
File Type: pdf
Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims. Although there are no special responsibility regimes for different functions of the state, the application of investment treaty standards and the threshold for their breach may vary depending on the function involved. Accordingly, in order for the state to incur responsibility for a wrongful act committed in the exercise of its judicial function, there are some specific conditions that should be met the investor must establish that the state is responsible for a breach attributable to the state the investment tribunal has jurisdiction over the particular dispute and the damage that the investor has suffered is a result of the particular breach. Berk Demirkol addresses questions in relation to the substance, jurisdiction, admissibility, and remedies in cases where state responsibility arises from a wrongful judicial act.**ReviewAdvance praise Hard questions of international law and policy are raised when State responsibility for conduct of organs that exercise judicial functions is implemented through investor-State arbitration. Berk Demirkols monograph stands next to Paulssons Denial of Justice as indispensable reading for everybody contemplating these matters. Martins Paparinskis, University College London Book Description This book examines judicial acts infringing the rights of foreign investors that can give rise to international responsibility of the state. It addresses legal issues that will be of interest to academics, researchers, and practitioners working in the area of public international law and, particularly, in international investment law.
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