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Adjudicating Trade and Investment Disputes - Convergence or Divergence? (Hardcover)
Loot Price: R2,926
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Adjudicating Trade and Investment Disputes - Convergence or Divergence? (Hardcover)
Series: Studies on International Courts and Tribunals
Expected to ship within 12 - 17 working days
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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.
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