Imperfect alternatives: institutional choice and the reform of investment law
This Article applies the theory of comparative institutional analysis to evaluate the trade-offs
associated with alternative mechanisms for resolving investment disputes. We assess the …
associated with alternative mechanisms for resolving investment disputes. We assess the …
Backlash against international courts: explaining the forms and patterns of resistance to international courts
The paper investigates and theorises different forms and patterns of resistance to
international courts (ICs) and develops an analytical framework for explaining their …
international courts (ICs) and develops an analytical framework for explaining their …
[BOOK][B] The political economy of the investment treaty regime
Investment treaties are some of the most controversial but least understood instruments of
global economic governance. Public interest in international investment arbitration is …
global economic governance. Public interest in international investment arbitration is …
The rule of law without the rule of lawyers? Why investment arbitrators are from Mars, trade adjudicators from Venus
J Pauwelyn - American Journal of International Law, 2015 - cambridge.org
At the twentieth anniversary of the World Trade Organization (WTO), the WTO's dispute
settlement system is celebrated as one of the organization's biggest achievements. Although …
settlement system is celebrated as one of the organization's biggest achievements. Although …
Retooling trade agreements for social inclusion
G Shaffer - U. Ill. L. Rev., 2019 - HeinOnline
International trade law has been oblivious to social inclusion. Although trade is not primarily
to blame for rising inequality and social conflict, it is not wholly innocent either. International …
to blame for rising inequality and social conflict, it is not wholly innocent either. International …
The challenging authority of the European Court of Human Rights: from Cold War legal diplomacy to the Brighton Declaration and backlash
MR Madsen - Law & Contemp. Probs., 2016 - HeinOnline
History is a key context for understanding the authority of the European Court of Human
Rights (ECtHR or Court).'This half-century old international court (IC) has operated in …
Rights (ECtHR or Court).'This half-century old international court (IC) has operated in …
How context shapes the authority of international courts
There is wide variation in the activity and influence of the nearly two dozen international
courts (ICs) currently in existence. What factors lead some ICs to become active and …
courts (ICs) currently in existence. What factors lead some ICs to become active and …
Liquid authority in global governance
N Krisch - International Theory, 2017 - cambridge.org
Authority is a key concept in politics and law, and it has found greater attention in the global
context in recent years. Most accounts, however, employ a model of 'solid'authority borrowed …
context in recent years. Most accounts, however, employ a model of 'solid'authority borrowed …
The judicial trilemma
International tribunals confront a “Judicial Trilemma.” More specifically the states that design,
and the judges that serve on, international courts face an interlocking series of tradeoffs …
and the judges that serve on, international courts face an interlocking series of tradeoffs …
Who Guards the “Guardians of the System”? The Role of the Secretariat in WTO Dispute Settlement
For all the attention paid to the panelists and Appellate Body of the World Trade
Organization (WTO), the Secretariat plays an overlooked and increasingly important role in …
Organization (WTO), the Secretariat plays an overlooked and increasingly important role in …