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The Legitimacy of Investment Arbitration
A rigorous and empirically-based analysis of the legitimacy challenges facing investment arbitration and the potential for reforms to remedy critique.
Adjudicating Trade and Investment Disputes
A multi-disciplinary, multi-author analysis of convergence and divergence between trade and international dispute settlement.
The Adjudicator’s Toolkit and the Force of International Law
Adjudicators have been placed at the forefront in the search for systemic order within the pluralist international legal order, acting as guardians of the international legal system. Yet, they do so under increasing pressure from the governments. Based on one of the most comprehensive and systematic empirical and doctrinal studies of international trade and investment adjudication, this book asks which tools adjudicators turn to when faced with this dilemma. Dr. Nicola Strain provides new insights on the design choices and normative goals of international economic adjudication, explaining how adjudicators end up consistently inconsistent in their application of international law, even within the more technocratic WTO regime.
The Protection of General Interests in Contemporary International Law
This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.
Arbitration’s Age of Enlightenment?
Directly presenting the considered views of a broad cross-section of the international arbitration community, this timely collection of essays addresses the criticism of the arbitral process that has been voiced in recent years, interpreting the challenge as an invitation to enlightenment. The volume records the entire proceedings of the twenty-fifth Congress of the International Council for Commercial Arbitration (ICCA), held in Edinburgh in September 2022. Topics range from the impact of artificial intelligence to the role of international arbitration in restraining resort to unilateralism, protectionism, and nationalism. The contributors tackle such contentious issues as the following: ti...
The Functions of International Adjudication and International Environmental Litigation
This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
The Right to Punish
What gives international courts the authority to punish individuals for international crimes? Through the lens of political philosophy, Luise Müller provides an original perspective on the justification of the authority of international criminal courts and tribunals. She argues that institutions of international criminal justice are permitted to pierce the sovereignty of states in order to punish high-profile politicians for genocide, crimes against humanity, war crimes, and other mass human rights violations. Their right to punish is justified by virtue of their function to deter mass violations of fundamental human rights. However, to legitimately exercise that right, international criminal justice institutions must fulfil two conditions: first, they must conduct criminal trials with the highest level of fairness; second, they must treat those who are subject to their authority as equals. This last condition can be satisfied by international criminal justice institutions by including procedures of democratic decision-making and democratic accountability.
The Passions of Rhetoric: Lessing’s Theory of Argument and the German Enlightenment
The goal of this book is to ascertain Lessing's views on argumentation and rhetoric. I intend to establish that these views constitute a systematic and coherent theory and to argue that for Lessing rhetoric in argument can yield philosophical truth. Analysis of Lessing's views also sheds light on the general significance of rhetoric in the 18th century. The denial that rhetoric has claims to truth is a long-standing prejudice of Western thought. This position is evident in Kant's rejection of rhetoric in philosophical discourse. But in my view, the situation in the 18th century in Germany was somewhat more complex. Rhetoric did not die a quiet death but was very much alive in polemical tract...
Global Environmental Change and Innovation in International Law
Explores normative and institutional innovation in international law as a response to the challenges to global order posed by rapid environmental change.
International Investment Law and the Law of Armed Conflict
Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.
