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Investment treaties, sustainable development and reasonableness review: A case against strict proportionality balancing

Research output: Contribution to journalArticle

Original languageEnglish
Pages (from-to)71-91
Number of pages21
JournalLeiden Journal of International Law
Volume30
Issue number1
Early online date19 Oct 2016
DOIs
Publication statusPublished - Mar 2017

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Abstract

The paper tackles the question of how far should investment tribunals go in reviewing the reasonableness of host State conduct. Based on an evolutionary interpretation of the preamble of international investment treaties and focusing on the principle of integration as the key element of the concept of sustainable development, the paper main argument is that investment tribunals should avoid a review based on proportionality stricto sensu or cost-benefit balancing.

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