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CETA's Investment Chapter - A Rule of Law Perspective (Hardcover, 1st ed. 2021)
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CETA's Investment Chapter - A Rule of Law Perspective (Hardcover, 1st ed. 2021)
Series: EYIEL Monographs - Studies in European and International Economic Law, 13
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This book provides a comprehensive account of the CETA Investment
Chapter's ability to overcome the legitimacy crisis facing
investment arbitration. To do so, it first examines the root causes
behind the legitimacy crisis, ultimately arguing that it reflects a
fundamental rule of law crisis within investment arbitration. In
particular, it asserts that the normative standpoints of the
legitimacy crisis form part of the rule of law, the uniting legal
principle from which the legitimacy concerns stem. The book
contends that the rule of law is not only the principal normative
and causal assumption on which the legitimacy concerns are based,
but that it could also be utilized as a platform to evaluate the
investment arbitration mechanism in CETA's Investment Chapter.
Based on this, the book evaluates CETA's Investment Chapter through
the rule of law framework in order to provide a convincing account
of the latter's ability to overcome the legitimacy crisis facing
investment arbitration. It concludes that CETA's Investment Chapter
is unlikely to completely solve the legitimacy crisis simply
because it is just a patchwork of reforms rather than a
comprehensive reinvention of the substantive and procedural law of
investment arbitration. Lastly, the book offers meaningful insights
into the way the challenges presented by investment arbitration
should be addressed. The book is intended for academics researching
international investment law and arbitration as well as for
policy-makers focusing on reforming investor-state dispute
settlement.
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