Recent trends suggest that international economic law may be witnessing a renaissance of convergence – both parallel and intersectional. The adjudicative process also reveals signs of convergence. These diverse claims of convergence are of legal, empirical and normative interest. Yet, convergence discourse also warrants scepticism. This volume contributes to both the general debate on the fragmentation of international law and the narrower discourse concerning the interplay between international trade and investment, focusing on dispute settlement. It moves beyond broad observations or singular case studies to provide an informed and wide-reaching assessment by investigating multiple standards, processes, mechanisms and behaviours. Methodologically, a normative stance is largely eschewed in favour of a range of 'doctrinal,' quantitative and qualitative methods that are used to address the research questions. Furthermore, in determining the extent of convergence or divergence, it is important to recognize that there is no bright line or clear yardstick for determining its nature or degree.
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1. Convergence, divergence, and international economic dispute settlement: a framework Szilárd Gáspár-Szilágyi, Daniel Behn and Malcolm Langford; Part I. Dispute System Design: 2. Investment chapters in PTAs and their impact on adjudicative convergence Szilárd Gáspár-Szilágyi and Maxim Usynin; 3. The EU investment court system and its resemblance to the WTO Appellate Body? Hannes Lenk; 4. Entry rights and investments in services: adjudicatory convergence between regimes? Murilo Lubambo; Part II. Use of Precedent Across Regimes: 5. Approaches to external precedent: the invocation of international jurisprudence in investment arbitration and WTO dispute settlement Niccolò Ridi; 6. Engagement between international trade and investment adjudicators Michelle Q. Zang; Part III. Interpretive Convergence and Adjudicative Behaviour: 7. Inherent powers of the WTO Appellate Body and ICSID tribunals. a tale of cautious convergence Ridhi Kabra; 8. The use of object and purpose by trade and investment adjudicators: convergence without interaction Graham Cook; 9. Assessing convergence between international investment law and international trade law through interpretative commissions/committees: a case of ambivalence? Yuliya Chernykh; 10. Regime responsiveness Malcolm Langford, Cosette D. Creamer and Daniel Behn; 11 Epilogue: 'convergence' is a many-splendored thing José E. Alvarez.
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'Facing a most severe legitimacy crisis, trade and investment adjudication is at a crossroads. This remarkable book makes a powerful case for basing policy decisions about the future of the field on an empirical analysis of dispute settlement design options and past performance of investment arbitration and WTO adjudication. A must read for all those thinking about how to reform trade and investment adjudication - and those crafting the future.' Stephan Schill, University of Amsterdam
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A multi-disciplinary, multi-author analysis of convergence and divergence between trade and international dispute settlement.

Produktdetaljer

ISBN
9781108487405
Publisert
2020-07-02
Utgiver
Vendor
Cambridge University Press
Vekt
650 gr
Høyde
235 mm
Bredde
157 mm
Dybde
22 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
320

Biographical note

Szilárd Gáspár-Szilágyi is former Postdoctoral Fellow at PluriCourts, University of Oslo. He holds a PhD from Aarhus University (Denmark) and publishes on topics concerning the EU's trade and investment policy, EU external relations, and international economic law. He taught or conducted research at University of Amsterdam, The Hague University, Michigan Law School and the Centre for EU External Relations Law at The Hague. Daniel Behn is Senior Lecturer of International Dispute Resolution at Queen Mary University of London School of Law and Associate Professor II at the PluriCourts, University of Oslo. He is an Associate Editor for the Journal of World Investment and Trade and Visiting Professor at Penn State Law School. Daniel Behn's scholarship focuses on the interdisciplinary study of international courts and tribunals. Malcolm Langford is a Professor of Public Law, University of Oslo and Co-Director of the Centre on Law and Social Transformation, Chr. Michelsen Institute and University of Bergen, and Associate Fellow at the Pluricourts Centre of Excellence. A lawyer and social scientist, his publications span international investment law, human rights, international development, comparative constitutionalism and the politics of the legal profession. He chairs the Academic Forum on Investor-State Dispute Settlement (ISDS) and is the Co-Editor of the Cambridge University Press book series Globalization and Human Rights.