ebook9789811023606d4325

Description

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‚Äôs 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 ‚Äúsovereignty modern‚Äù approach, which takes into account the latest evolutions of a globalized¬†trade and investment law¬†struggling to put people‚Äôs expectations at its core, the¬†book provides a comprehensive framework and truly original perspective linking the various facets of ‚Äújudicial activity‚Äù 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.¬†