Caroline Henckels (Monash University - Faculty of Law) has posted Balancing Investment Protection and Sustainable Development in Investor-State Arbitration: The Role of Deference (A Bjorklund (ed), Yearbook on International Investment Law & Policy 2012—2013 (Oxford University Press, 2014) 305) on SSRN. Here is the abstract:
This chapter examines the approaches of investment tribunals to standards of review (and in particular to the concept of deference) in cases where the government of the host state has acted in pursuit of objectives related to sustainable development, comparing the decision-making of investment tribunals with other courts and tribunals performing similar functions.
