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|a Jarrett, Martin <<[VerfasserIn]>>
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|a Extracting legal causation from international investment law
|c Martin Jarrett
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|a Heidelberg
|b Max Planck Institute for Comparative Public Law and International Law
|c [08 Oct 2020], 2020
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|a 1 Online-Ressource (15 Seiten)
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|a Whenever the question of state responsibility in investor-state arbitration arises, the following causal question must be analysed: has the state conduct caused the investors investment loss? To answer this question, arbitral tribunals apply the approach advocated for by the International Law Commission, which in turn is the approached used by domestic courts. This is a two-tiered approach where the factual causality and legal causality of the state conduct is tested. This contribution argues that adopting this approach into the jurisprudence of international investment law was an error. Specifically, the process of testing for legal causation has no place in international investment law and should be extracted from it. Not only are attempts by arbitral tribunals to test for legal causality likely to lead to low-quality legal reasoning, which can only adversely impact the legitimacy of the international adjudication of investor-state disputes, the reasons for undertaking this process in domestic tortious disputes are not applicable to investor-state disputes. This extraction of legal causation will not lead to indeterminate state liability towards investors. For a number of reasons, the problem of infinite causality in legal disputes is more theoretical than real. With this extraction, a bespoke approach to analysing causal questions in international investment law is produced
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|a eng
|2 ISO 639-2
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|a 2101
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|a ebook
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|a pdf
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|a online
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|a MPIL research paper series
|v no. 2020, 36
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|a VR001016025
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|u https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3705322
|q application/pdf
|x Verlag
|3 Volltext
|z Kostenfrei zugänglich ohne Registrierung
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|a VR: XV Dc
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|a VR: XV Dc
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|a Finanzrecht. Anleihe.
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|a VR: XV Dc
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|a Jarrett, Martin A.
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