Judging The State In International Trade And Investment Law: Sovereignty Modern, The Law And The Economics (international Law And The Global South)
by Leïla Choukroune /
2016 / English / PDF
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This book addresses concerns with the international
trade and investment dispute settlement systems from a
statist perspective, at a time when multilateralism is
deeply questioned by the forces of mega-regionalism and
political and economic contestation. In covering
recent case law and theoretical discussions, the book’s
contributors analyze the particularities of statehood and the
limitations of the dispute settlement systems to judge sovereign
actors as autonomous regulators.
This book addresses concerns with the international
trade and investment dispute settlement systems from a
statist perspective, at a time when multilateralism is
deeply questioned by the forces of mega-regionalism and
political and economic contestation. In covering
recent case law and theoretical discussions, the book’s
contributors analyze the particularities of statehood and the
limitations of the dispute settlement systems to judge sovereign
actors as autonomous regulators.
From a democratic deficit coupled with a deficit
of legitimacy in relation to the questionable
professionalism, independence and impartiality of adjudicators to
the lack of consistency of decisions challenging essential public
policies, trade and investment disputes have proven
controversial. These challenges call for a rethinking
of
From a democratic deficit coupled with a deficit
of legitimacy in relation to the questionable
professionalism, independence and impartiality of adjudicators to
the lack of consistency of decisions challenging essential public
policies, trade and investment disputes have proven
controversial. These challenges call for a rethinking
ofwhy, how and what
for
why, how and what
for,
,are
areStates judged. Based on a
“sovereignty modern” approach, which takes into account the
latest evolutions of a globalized trade and investment
law struggling to put people’s expectations at its core,
the book provides a comprehensive framework and truly
original perspective linking the various facets of “judicial
activity” to the specific yet encompassing character of
international law and the rule of law in international
society. In doing so, it covers a large variety of issues
such as global judicial capacity building and judicial
professionalism from an international and domestic comparative
angle, trade liberalisation and States' legitimate rights and
expectations to protect societal values, the legal challenges of
being a State claimant, the uses and misuses of imported legal
concepts and principles in multidisciplinary adjudications and,
lastly, the need to reunify international law on a (human) rights
based approach.
States judged. Based on a
“sovereignty modern” approach, which takes into account the
latest evolutions of a globalized trade and investment
law struggling to put people’s expectations at its core,
the book provides a comprehensive framework and truly
original perspective linking the various facets of “judicial
activity” to the specific yet encompassing character of
international law and the rule of law in international
society. In doing so, it covers a large variety of issues
such as global judicial capacity building and judicial
professionalism from an international and domestic comparative
angle, trade liberalisation and States' legitimate rights and
expectations to protect societal values, the legal challenges of
being a State claimant, the uses and misuses of imported legal
concepts and principles in multidisciplinary adjudications and,
lastly, the need to reunify international law on a (human) rights
based approach.