Hardback
Dispute Settlement and the Reform of International Investment Law
Legalization through Adjudication
9781035300952 Edward Elgar Publishing
This concise and insightful book studies the role of the ISDS mechanism in the legalization, and legitimacy, of the international investment law regime. Providing an 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.
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Critical Acclaim
Contents
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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.
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.
Critical Acclaim
‘Dr Yu’s use of “constructivism” as the starting point to reform international investment law is a breath of fresh air in the sea of troubleshooting literature. Whether or not one shares her optimism that a currently divided field of study can one day bear witness to the institutionalization of shared understandings and values, Dr Yu’s cross-disciplinary approach has much to commend it. Thoroughly researched and deftly written, this book will appeal to a broad spectrum of stakeholders in international investment law.’
– Jean Ho, National University of Singapore
‘Dr Chen Yu’s book presents a timely, innovative and thought-provoking study on the cutting-edge issue of dispute settlement and reform of international investment law through legalization theory. With its rich theoretical and empirical contents, this book represents a major contribution to contemporary international economic law.’
– Manjiao Chi, University of International Business and Economics, China
– Jean Ho, National University of Singapore
‘Dr Chen Yu’s book presents a timely, innovative and thought-provoking study on the cutting-edge issue of dispute settlement and reform of international investment law through legalization theory. With its rich theoretical and empirical contents, this book represents a major contribution to contemporary international economic law.’
– Manjiao Chi, University of International Business and Economics, China
Contents
Contents: 1. Introduction: legitimacy criticisms of ISDS and an interdisciplinary approach 2. The notion of legalization in the context of international
investment law 3. Shared understandings and interactional law-making 4. Internal constraints: adjudication as a mode of social ordering 5. Legalizing international investment law Conclusion Bibliography Index
investment law 3. Shared understandings and interactional law-making 4. Internal constraints: adjudication as a mode of social ordering 5. Legalizing international investment law Conclusion Bibliography Index
