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The public-private distinction in the international arbitration of individual claims against the state

Van Harten, Gus (2007) The public-private distinction in the international arbitration of individual claims against the state. International and Comparative Law Quarterly, 56 (2). pp. 371-394. ISSN 0020-5893

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Identification Number: 10.1093/iclq/lei168

Abstract

Does the rise of international arbitration signify a retreat of the State from classical adjudication? In examining this question, it is important to distinguish contract-based arbitration of individual claims against the State from arbitration pursuant to investment treaties. The former is broadly limited to the private sphere of the State's activity, whereas the latter gives arbitrators a comprehensive jurisdiction over public law. An elaboration of this distinction, and the grey area within it, demonstrates that the significance of international arbitration for juridical sovereignty is its privatization of the authority to define the very concept of the public sphere.

Item Type: Article
Official URL: http://journals.cambridge.org/action/displayIssue?...
Additional Information: © 2007 British Institute of International and Comparative Law
Divisions: LSE
Subjects: K Law > K Law (General)
Date Deposited: 29 Jul 2008 08:39
Last Modified: 20 Jul 2019 01:09
URI: http://eprints.lse.ac.uk/id/eprint/15223

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