Adjudicating Trade and Investment Disputes: Convergence or Divergence? (Studies on International Courts and Tribunals)

Cambridge University Press, 7/2/2020
EAN 9781108487405, ISBN10: 1108487408

Hardcover, 320 pages, 22.9 x 15.2 x 2.1 cm
Language: English
Originally published in English

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.

1. Convergence, divergence, and international economic dispute settlement
a framework Szilárd Gáspár-Szilágyi, Daniel Behn and Malcolm Langford
Part I. Dispute System Design
2. Investment chapters in PTAs and their impact on adjudicative convergence Szilárd Gáspár-Szilágyi and Maxim Usynin
3. The EU investment court system and its resemblance to the WTO Appellate Body? Hannes Lenk
4. Entry rights and investments in services
adjudicatory convergence between regimes? Murilo Lubambo
Part II. Use of Precedent Across Regimes
5. Approaches to external precedent
the invocation of international jurisprudence in investment arbitration and WTO dispute settlement Niccolò Ridi
6. Engagement between international trade and investment adjudicators Michelle Q. Zang
Part III. Interpretive Convergence and Adjudicative Behaviour
7. Inherent powers of the WTO Appellate Body and ICSID tribunals. a tale of cautious convergence Ridhi Kabra
8. The use of object and purpose by trade and investment adjudicators
convergence without interaction Graham Cook
9. Assessing convergence between international investment law and international trade law through interpretative commissions/committees
a case of ambivalence? Yuliya Chernykh
10. Regime responsiveness Malcolm Langford, Cosette D. Creamer and Daniel Behn
11 Epilogue
'convergence' is a many-splendored thing José E. Alvarez.