Judicial Review in Investment Treaty Arbitration

The Impact of Customary International Law
Erscheinungsjahr 2026
ISBN: 978-1-5099-9595-0
Verlag: Bloomsbury Publishing plc

Buch, Englisch, 352 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 496 g

Reihe: Hart Publishing

This book explores how and to what extent investment treaty tribunals scrutinise, assess and balance states' public acts, and compares it to judicial review.

It evaluates whether the approaches adopted by investment treaty tribunals resemble judicial review in public law or are influenced by approaches in private law or customary international law. The book also analyses new generation treaty texts, and how tribunals approach their review, to assess any effects on the tribunals' own review approaches.

The analysis combines a broad set of contemporary awards from 2015 to date, with judicial review performed by public courts, claims tribunals, and commercial arbitral tribunals. It shows that, contrary to the high level of scholarly interest and promotion of public law methodologies, investment treaty arbitration displays limited development towards public law-oriented review approaches.

The book suggests that states contribute to maintaining the established practice founded on customary international law by failing to provide tribunals with a clear mandate to apply public law methodologies or to balance opposing interest in new generation treaties. This makes it challenging for tribunals to change their review approaches.

Judicial Review in Investment Treaty Arbitration is an essential resource for those wishing to understand in what way and to what extent investment tribunals review states' public acts and balance state interests.

Autoren/Hrsg.

Engström, Josefin N

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht

Inhaltsverzeichnis

1. Introduction
2. Judicial Review: The Public Law Approach
3. The Contractual Perspective: Judicial Review in State Contract Cases
4. Judicial Review in Indirect Expropriation Claims
5. Judicial Review in Fair and Equitable Treatment Claims
6. Reforming Judicial Review through Treaty Design
7. Conclusions

Über Autor(innen)

Engström, Josefin N
Josefin N Engström is attorney-at-law for the Norwegian energy company Equinor ASA. She holds a PhD in law (2023) from the Faculty of Law at the University of Oslo, Norway, where she also worked as a senior lecturer in International Law and International Investment Law.

Josefin N Engström is attorney-at-law for Equinor ASA and holds a PhD in law from the University of Oslo, Norway.