Abstract
In this article, we examine the place of proportionality and related tests in international investment law and arbitration by looking specifically at the challenges faced by this field on ...applying proportionality coherently and consistently. We also assess where proportionality has been used in international investment law and arbitration. We argue that a sound appreciation of proportionality in international investment law requires taking into account the inherently imbalanced conception of international investment agreements, the incoherence of the international investment law regime, and the ad hoc dispute settlement method tasked with applying and interpreting a variety of imprecise and diverging norms. Therefore, international investment law and arbitration have not developed an institutionalised approach towards proportionality. Since investment agreements and international investment arbitration form a rather incoherent collective of cases and, as a result, have not developed a single or uniform approach towards proportionality, there is a tendency to individually approach cases.
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IZUM, KILJ, NUK, PILJ, PRFLJ, SAZU, UL, UM, UPUK
A theory of states as laboratories of democracy has long persisted as one of the fundamental tenets of American federalism. Yet, as Justice Brandeis intimated in his 'New State Ice Co. v. Liebmann' ...dissent, judicial review enables courts to cut off state experimentation when it is at odds with federal constitutional principles or federal statutory pronouncements. One such federal principle - which has proven difficult to pin down - is the so-called "dormant," or "negative," commerce clause. Recent litigation and scholarship have invoked the dormant commerce clause as a limit on state ethical innovation, arguing that state regulations that impose unique compliance costs may need to yield to a uniform national market if they are based on a local moral interest that is at odds with the moral position of a majority of other states.
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DOBA, IZUM, KILJ, NUK, PILJ, PNG, PRFLJ, SAZU, UILJ, UKNU, UL, UM, UPUK
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