Judging the state in international trade and investment law
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.
Sovereignty modern, the law and the economics (edited by IGIR fellow Dr. Leïla Choukroune)
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.
This book is the first in a series entitled 'International Law and the Global South: Perspectives from the Rest of the World', edited by IGIR fellow Dr. Leïla Choukroune, Director of the Centre for Social Sciences and Humanities (CSH – a French CNRS research Unit), New Delhi, India; and Maastricht University Law Faculty, The Netherlands.
- Provides readers with the latest developments on why, how and what for States are sued for breaches of their international trade and investment obligations
- Covers recent case law and theoretical discussions in a logical, clear and concise manner
- Analyses the specificities of statehood and the limitations of the dispute settlement systems to judge sovereign actors as autonomous regulators
- Contains contributions from IGIR fellows Denise Prévost and Leïla Choukroune, as well as from Arthur E. Appleton, James J. Nedumpara, Julien Chaisse & Dini Sejko, Trisha Mitra & Rahul Donde, Prabhash Ranjan & Pushkar Anand, and Amal K. Ganguli.
Published on Law Blogs Maastricht