The Public-Private Distinction in the International Arbitration of Individual Claims Against the State

  title={The Public-Private Distinction in the International Arbitration of Individual Claims Against the State},
  author={Gus Van Harten},
  journal={International and Comparative Law Quarterly},
  • G. Harten
  • Published 1 April 2007
  • Law
  • International and Comparative Law Quarterly
Does the rise of international arbitration signify a retreat of the State from classical adjudication? In examining this question, it is important to distinguish contract-based arbitration of individual claims against the State from arbitration pursuant to investment treaties. The former is broadly limited to the private sphere of the State's activity, whereas the latter gives arbitrators a comprehensive jurisdiction over public law. An elaboration of this distinction, and the grey area within… 
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