Dispute settlement and the reform of international investment law : legalization through adjudication
著者
書誌事項
Dispute settlement and the reform of international investment law : legalization through adjudication
（Elgar international investment law）
Edward Elgar Publishing, c2023
- : cased
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注記
Includes bibliographical references and index.
内容説明・目次
内容説明
The reform of the Investor-State Dispute Settlement (ISDS) mechanism has become one of the more controversial issues in the study of international investment law. This concise and insightful book studies the role of the ISDS mechanism in the legalization, and legitimacy, of the international investment law regime.
Providing a fresh, interdisciplinary perspective on ISDS through the constructivist theory of international relations, this book argues that reforming ISDS can contribute to the legalization of international investment law, but such a contribution is subject to both "institutional" and "internal" limitations. Chapters investigate the notion of legalization in the context of international investment law, the limitations of adjudicative bodies in advancing the legitimacy of international law, and the relationship between the level of shared understandings and choices of institutionalization. Based on comparative studies of international regimes, this book cautions against radically institutionalizing the dispute settlement regime through the establishment of the multilateral investment court.
The novel perspectives presented in this book will be of interest to scholars and researchers in arbitration and dispute resolution, international economic law, and investment law. It will also be beneficial to legal experts in international organizations working on the reform of ISDS and investment law.
目次
Contents: 1. Introduction: legitimacy criticisms of ISDS and an interdisciplinary approach 2. The notion of legalization in the context of international
investment law 3. Shared understandings and interactional law-making 4. Internal constraints: adjudication as a mode of social ordering 5. Legalizing international investment law Conclusion Bibliography Index
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