The Application of the Principle of Proportionality in Tecmed v. Mexico |
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| Authors: | HAN Xiuli |
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| Institution: | Correspondence: * PhD; Teacher of International Economic Law (email: hanxiu777{at}xmu.edu.cn), School of Law and International Economic Law Institute, Xiamen University, People's Republic of China. This paper is based on a doctoral dissertation submitted to Xiamen University in 2006, and the paper was completed in July 2007. |
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| Abstract: | The principle of proportionality has been applied in the caseof Tecmed v. Mexico, an arbitration conducted under the auspicesof the International Center for Settlement of Investment Disputes.Analysis indicates that its application will be expanded further.The principle of proportionality demands more than the non-discriminationtreatment principle and is even regarded as an important principleincluded in the fair and equitable treatment principle. Whilemost of new bilateral investment treaties that China has enteredinto include the fair and equitable treatment principle, theright of examination case by case has been gradually abandonedby China as the host country on the whole and internationallaw is receiving more and more applications, the initiatoryapplication of the principle of proportionality in arbitrationsconcerning international investment and expropriation shouldarouse attention among Chinese scholars and authorities. |
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