Judging the State in International Trade and Investment Law

Sovereignty Modern, the Law and the Economics

Nonfiction, Reference & Language, Law, Taxation, International
Cover of the book Judging the State in International Trade and Investment Law by , Springer Singapore
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9789811023606
Publisher: Springer Singapore Publication: December 10, 2016
Imprint: Springer Language: English
Author:
ISBN: 9789811023606
Publisher: Springer Singapore
Publication: December 10, 2016
Imprint: Springer
Language: English

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 why, how and what for,** *are *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. 

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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 why, how and what for,** *are *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. 

More books from Springer Singapore

Cover of the book Continuing Professional Education in Australia by
Cover of the book On To Mars! by
Cover of the book Personalising Learning in Teacher Education by
Cover of the book Confucianism and the Chinese Self by
Cover of the book Development and Disaster Management by
Cover of the book Proceedings of GeoShanghai 2018 International Conference: Advances in Soil Dynamics and Foundation Engineering by
Cover of the book Biotechnology and Bioforensics by
Cover of the book Design and Control of Swarm Dynamics by
Cover of the book Smart Innovations in Communication and Computational Sciences by
Cover of the book Proceedings of the International Congress on Information and Communication Technology by
Cover of the book Analysis Procedure for Earthquake Resistant Structures by
Cover of the book Large Floating Structures by
Cover of the book Basic and Applied Phytoplankton Biology by
Cover of the book Animal Biometrics by
Cover of the book Target Scattering Mechanism in Polarimetric Synthetic Aperture Radar by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy