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.
General
| Imprint: |
Edward Elgar Publishing Ltd
|
| Country of origin: |
United Kingdom |
| Series: |
Elgar International Investment Law series |
| Release date: |
August 2023 |
| Authors: |
Chen Yu
|
| Dimensions: |
234 x 156mm (L x W) |
| Pages: |
240 |
| ISBN-13: |
978-1-03-530095-2 |
| Categories: |
Books
Promotions
|
| LSN: |
1-03-530095-8 |
| Barcode: |
9781035300952 |
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