Adjudicating Trade and Investment Disputes

Convergence or Divergence?
Erscheinungsjahr 2020
ISBN: 978-1-108-48740-5
Verlag: Cambridge University Press

Buch, Englisch, 320 Seiten, Format (B × H): 152 mm x 229 mm, Gewicht: 621 g

Reihe: Studies on International Courts and Tribunals

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.

Autoren/Hrsg.

Gáspár-Szilágyi, Szilárd

Behn, Daniel

Langford, Malcolm

Fachgebiete

• Wirtschaftswissenschaften Volkswirtschaftslehre Internationale Wirtschaft Internationaler Handel
• Wirtschaftswissenschaften Betriebswirtschaft Bereichsspezifisches Management Außenhandel

Inhaltsverzeichnis

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.

Über Autor(innen)

Gáspár-Szilágyi, Szilárd
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.

Behn, Daniel
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.

Langford, Malcolm
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.