Adjudicating trade and investment disputes : convergence or divergence? / edited by Szilárd Gáspár-Szilágyi, Daniel Behn, Malcolm Langford.

Format:

Book

Conference/Event

Contributor:

Gáspár-Szilágyi, Szilárd, 1987- editor.

Behn, Daniel, 1974- editor.

Langford, Malcolm, editor.

Conference Name:

Adjudicating international trade and investment disputes: between interaction and isolation (Conference) (2016 : Oslo, Norway), author.

Series:

Studies on international courts and tribunals.

Studies on international courts and tribunals

Language:

English

Subjects (All):

International commercial arbitration--Congresses.

International commercial arbitration.

Investments, Foreign--Law and legislation--Congresses.

Investments, Foreign.

Investments, Foreign (International law)--Congresses.

Investments, Foreign (International law).

Foreign trade regulation--Congresses.

Foreign trade regulation.

Physical Description:

1 online resource (xvi, 323 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2020.

Summary:

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.

Contents:

1 Convergence, Divergence, and International Economic Dispute Settlement-A Framework / SZILÁRD GÁSPÁR-SZILÁGYI, DANIEL BEHN, AND MALCOLM LANGFORD

2 Investment Chapters in PTAs and Their Impact on Adjudicative Convergence / SZILÁRD GÁSPÁR-SZILÁGYI, 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

5 Approaches to External Precedent: the Invocation of International Jurisprudence in International Jurisprudence in Investment Arbitration and WTO Investment Arbitration and WTO Dispute Settlement / NICCOLÒ RIDI

6 Engagement between International Trade and Investment Adjudicators / MICHELLE Q ZANG

7 Inherent Powers of the WTO Appellate Body and ICSID Tribunals. A Tale of Cautious / 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

Notes:

Title from publisher's bibliographic system (viewed on 29 Jun 2020).

ISBN:

1-108-80507-8

1-108-76667-6

1-108-80683-X