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What is Proportionality as a General Principle of Law about?

This chapter examines whether the principle of proportionality should be relevant to investor-State arbitration. It first examines the role of the principle of proportionality in various domestic legal systems, in particular in Germany, Canada, South Africa, Israel, and the USA. It then discusses three main concerns regarding proportionality that arbitrators should assess before applying proportionality in a particular normative setting: firstly, unwarranted judicial law-making; secondly, the rule of law; and, thirdly, the risk of arbitrary outcomes due to the lack of a relevant value system. Next, it considers the role of proportionality in several subsystems of international law and shows that-as a matter of principleproportionality is transposable to the international level. It sheds light on the typical situations in which international courts and tribunals resort to proportionality, and how these University Press Scholarship Online

Author

Gebhard Bücheler

Publisher

Oxford University Press

Published

2015

Language

EN