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Dispute Settlement and the Reform of International Investment Law: Legalization through Adjudication

Dispute Settlement and the Reform of International Investment Law: Legalization through Adjudication

Author: Chen Yu
Publisher: Edward Elgar Publishing
ISBN: 9781035300952
Published In: August 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,287.00

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Description
Contents

Details

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.

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