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This volume scrutinises the main challenges faced by States in
their current international economic relations from an
interdisciplinary perspective. It combines legal research with
political and economic analysis and favours dialogue among
scientific disciplines. Readers are offered a series of in-depth
studies on a rich variety of topics: how to reconcile States'
interest to benefit from economic liberalization with their need to
pursue social goals (such as the protection of human rights or of
the environment); recent developments under WTO law and regional
integration processes; international cooperation in the energy
sector; national regulatory developments in the banking sector,
sovereign wealth funds and investor-State arbitration.
International courts and tribunals differ in their institutional
composition and functions, but a shared characteristic is their
reliance on the contribution of individuals other than the judicial
decision-makers themselves. Such 'unseen actors' may take the form
of registrars and legal officers, but also non-lawyers such as
translators and scientific experts. Unseen actors are vital to the
functioning of international adjudication, exerting varying levels
of influence on judicial processes and outcomes. The opaqueness of
their roles, combined with the significance of judicial decisions
for the parties involved as well as a wider range of stakeholders,
raises questions about unseen actors' impact on the legitimacy of
international dispute settlement. This book aims to answer such
legitimacy questions and identify 'best practices' through a
multifaceted enquiry into common connections and patterns in the
institutional composition and daily practice of international
courts and tribunals.
This volume scrutinises the main challenges faced by States in
their current international economic relations from an
interdisciplinary perspective. It combines legal research with
political and economic analysis and favours dialogue among
scientific disciplines. Readers are offered a series of in-depth
studies on a rich variety of topics: how to reconcile States'
interest to benefit from economic liberalization with their need to
pursue social goals (such as the protection of human rights or of
the environment); recent developments under WTO law and regional
integration processes; international cooperation in the energy
sector; national regulatory developments in the banking sector,
sovereign wealth funds and investor-State arbitration.
Developments within various sub-fields of international law
influence international investment law, but changes in investment
law also have an impact on the evolution of other fields within
international law. Through contributions from leading scholars and
practitioners, this book analyses specific links between investment
law and other sub-fields of international law such as the law on
armed conflict, human rights, sustainable development, trade,
development and EU law. In particular, this book scrutinises how
concepts, principles and rules developed in the context of such
sub-fields could inform the content of investment law. Solutions
aimed at resolving problems in other settings may provide
instructive examples for addressing current problems in the field
of investment law, and vice versa. The underlying question is
whether key sub-fields of public international law, notably
international investment law, are open to cross-fertilisation, or,
whether they are evolving further into self-contained regimes.
This collection of essays focusses on the following concepts:
sovereignty (the unique, intangible and yet essential
characteristic of states), statehood (what it means to be a state,
and the process of acquiring or losing statehood) and state
responsibility (the legal component of what being a state entails).
The unifying theme is that they have always been and will in the
future continue to form a crucial part of the foundations of public
international law. While many publications focus on new actors in
international law such as international organisations, individuals,
companies, NGOs and even humanity as a whole, this book offers a
timely, thought-provoking and innovative reappraisal of the core
actors on the international stage: states. It includes reflections
on the interactions between states and non-state actors and on how
increasing participation by and recognition of the latter within
international law has impacted upon the role and attributes of
statehood.
Developments within various sub-fields of international law
influence international investment law, but changes in investment
law also have an impact on the evolution of other fields within
international law. Through contributions from leading scholars and
practitioners, this book analyses specific links between investment
law and other sub-fields of international law such as the law on
armed conflict, human rights, sustainable development, trade,
development and EU law. In particular, this book scrutinises how
concepts, principles and rules developed in the context of such
sub-fields could inform the content of investment law. Solutions
aimed at resolving problems in other settings may provide
instructive examples for addressing current problems in the field
of investment law, and vice versa. The underlying question is
whether key sub-fields of public international law, notably
international investment law, are open to cross-fertilisation, or,
whether they are evolving further into self-contained regimes.
International courts and tribunals differ in their institutional
composition and functions, but a shared characteristic is their
reliance on the contribution of individuals other than the judicial
decision-makers themselves. Such 'unseen actors' may take the form
of registrars and legal officers, but also non-lawyers such as
translators and scientific experts. Unseen actors are vital to the
functioning of international adjudication, exerting varying levels
of influence on judicial processes and outcomes. The opaqueness of
their roles, combined with the significance of judicial decisions
for the parties involved as well as a wider range of stakeholders,
raises questions about unseen actors' impact on the legitimacy of
international dispute settlement. This book aims to answer such
legitimacy questions and identify 'best practices' through a
multifaceted enquiry into common connections and patterns in the
institutional composition and daily practice of international
courts and tribunals.
International courts and tribunals hold the power to decide on
questions involving sovereignty over territory, grave human rights
violations, international crimes, or millions of euros' worth of
economic interests. Judges and arbitrators are the 'faces' and
arguably the drivers of international adjudication. Yet certain
groups tend to be overrepresented on international benches, while
others remain underrepresented. Although international courts and
tribunals differ in their institutional make-up and functions, they
all rely in essence on the judgement of a group of individuals,
each with their own background and experience. Even if
adjudicators' identity is not the only, and may not be the
decisive, influence on their decision-making, the relative lack of
diversity has an effect on the judicial process and its outcomes,
which in turn entails broader implications for the legitimacy of
international law. This book analyses the implications of identity
and diversity across numerous international adjudicatory bodies,
focusing on a wide range of factors. Lack of diversity within the
judiciary has been identified as a legitimacy concern in domestic
settings, and the last few years have seen increasing attention to
this question at the international level as well, making the book
both timely and topical.
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