Description

In Threading the Sovereign's Needle: A Philosophical Deconstruction of an Investor-State Tribunal's Authority to Award Interim Relief in Relation to Criminal Proceedings, Alexander G. Leventhal draws from a rich compendium of investor-State case law deciding on requests for provisional measures in relation to criminal measures. Leventhal shows that, rather than a diffuse set of contradictory decisions, these cases obey a coherent philosophy. He lays out in detail the criteria that these tribunals have considered - the basis of the tribunal's jurisdiction, the rights whose protection compels interim relief, tribunals' considerations of the criteria for interim relief, and the binding nature and enforceability of an order for interim relief. More than that, however, he explains the reasons behind the results, making this work a must-read for practitioners and academics alike.