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Non-Pecuniary Remedies in Investment Treaty Arbitration (Japanese)

  • NISHIMURA Yumi
  • KOTERA Akira
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    In light of several recent awards ordering host states to pay costly compensation, the concern not to chill and immobilize governmental action by the prospect of large damages awards by invest treaty arbitration has been felt. On the other hand, it is often said that compelling a state by an arbitration award to follow a particular course of conduct such as annulling the measures that it has taken is an undue interference with its policy making power, and that financial compensation should be preferred as the least intrusive remedy into the sensitive areas of state sovereignty. This paper assesses the pros and cons of the potential non-monetary relief in investment treaty arbitration and proposes a preferable provision on remedies to be inserted into future investment treaties.

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    File URL: http://www.rieti.go.jp/jp/publications/dp/14j006.pdf
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    Paper provided by Research Institute of Economy, Trade and Industry (RIETI) in its series Discussion Papers (Japanese) with number 14006.

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    Length: 17 pages
    Date of creation: Jan 2014
    Date of revision:
    Handle: RePEc:eti:rdpsjp:14006
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