Universität zu Köln

Wendler, Carsten (2016). Corruption in Investment Treaty Arbitration - A Balanced Approach to Corruption Issues. PhD thesis, Universität zu Köln.

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Abstract

This study examines the specific legal implications of corruption in investment treaty arbitration. It starts by examining the impact corruption has on all the different issues relevant in the investment landscape (eg foreign direct investment, economic growth, development and poverty). It then explores the recent approaches taken by the international community against corruption (international instruments on a global and regional level). The study then turns to the issue of corruption and public policy as well as the question of a potential duty for arbitrators to not turn a blind eye on this topic. Attribution of corrupt practices by public officials to the host State and potential causes of actions on the one hand and defences on the other hand are explored next. After dealing with all questions in relation to evidence, the study develops the Balanced Approach to corruption issues in investment arbitration.

Item Type:	Thesis (PhD thesis)
Creators:	Creators Email ORCID ORCID Put Code Wendler, Carsten carstenwendler@nyu.edu UNSPECIFIED UNSPECIFIED
URN:	urn:nbn:de:hbz:38-610995
Date:	2016
Language:	English
Faculty:	Faculty of Law
Divisions:	Faculty of Law > Zivilrecht > Professur für Internationales und Ausländisches Privatrecht
Subjects:	Law
Uncontrolled Keywords:	Keywords Language Corruption English Balanced Approach English Investment Arbitration English
Date of oral exam:	13 September 2016
Referee:	Name Academic Title Mansel, Heinz-Peter Professor Dr. Griebel, Jörn Professor Dr.
Refereed:	Yes
URI:	http://kups.ub.uni-koeln.de/id/eprint/61099