Dispute Settlement and the Reform of International Investment Law : Legalization Through Adjudication / Chen Yu.

Format:

Book

Author/Creator:

Yu, Chen, 1963- author.

Contributor:

Edward Elgar Publishing, publisher.

Series:

Elgar international investment law.

Elgar International Investment Law Series

Language:

English

Subjects (All):

Investments, Foreign (International law).

Investments, Foreign--Law and legislation.

Investments, Foreign.

International and municipal law.

International commercial arbitration.

Physical Description:

1 online resource (238 pages)

Edition:

First edition.

Place of Publication:

Northampton : Edward Elgar Publishing, 2023.

Summary:

"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"-- Provided by publisher.

Contents:

Front Matter

Copyright

Contents

Acknowledgements

Abbreviations and acronyms

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.

Notes:

Description based on print version record.

Includes bibliographical references and index.

ISBN:

1-03-530096-6