Coverart for item
The Resource Judging the State in International Trade and Investment Law : Sovereignty Modern, the Law and the Economics, edited by Leïla Choukroune, (electronic resource)

Judging the State in International Trade and Investment Law : Sovereignty Modern, the Law and the Economics, edited by Leïla Choukroune, (electronic resource)

Label
Judging the State in International Trade and Investment Law : Sovereignty Modern, the Law and the Economics
Title
Judging the State in International Trade and Investment Law
Title remainder
Sovereignty Modern, the Law and the Economics
Statement of responsibility
edited by Leïla Choukroune
Contributor
Editor
Subject
Language
eng
Summary
This book addresses concerns with the international trade and investment dispute settlement systems from a statist perspective, at a time when multilateralism is deeply questioned by the forces of mega-regionalism and political and economic contestation. In covering recent case law and theoretical discussions, the book’s contributors analyze the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign actors as autonomous regulators. From a democratic deficit coupled with a deficit of legitimacy in relation to the questionable professionalism, independence and impartiality of adjudicators to the lack of consistency of decisions challenging essential public policies, trade and investment disputes have proven controversial. These challenges call for a rethinking of why, how and what for, are States judged. Based on a “sovereignty modern” approach, which takes into account the latest evolutions of a globalized trade and investment law struggling to put people’s expectations at its core, the book provides a comprehensive framework and truly original perspective linking the various facets of “judicial activity” to the specific yet encompassing character of international law and the rule of law in international society. In doing so, it covers a large variety of issues such as global judicial capacity building and judicial professionalism from an international and domestic comparative angle, trade liberalisation and States' legitimate rights and expectations to protect societal values, the legal challenges of being a State claimant, the uses and misuses of imported legal concepts and principles in multidisciplinary adjudications and, lastly, the need to reunify international law on a (human) rights based approach.--
Member of
Assigning source
Provided by publisher
Image bit depth
0
Literary form
non fiction
Nature of contents
dictionaries
http://library.link/vocab/relatedWorkOrContributorName
Choukroune, Leïla
Series statement
  • Springer eBooks
  • International Law and the Global South, Perspectives from the Rest of the World,
http://library.link/vocab/subjectName
  • Law
  • Trade
  • Business
  • Commerce
  • Public finance
  • International law
  • Law and economics
Label
Judging the State in International Trade and Investment Law : Sovereignty Modern, the Law and the Economics, edited by Leïla Choukroune, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=http://dx.doi.org/10.1007/978-981-10-2360-6
Instantiates
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Chapter 1: Introduction: Judging the State in International Trade and Investment Law: Why, How and What for? -- PART I: International Trade: The WTO and Beyond -- Chapter 2. Judging the Judges or Judging the Members? Pathways and Pitfalls in the Appellate Body Appointment Process (by Arthur E. Appleton) -- Chapter 3. WTO, State and Legal Capacity Building: An Indian Narrative (by James J. Nedumpara) -- Chapter 4. States’ Regulatory Autonomy to Protect Societal Values through Legitimate Regulatory Distinctions: Finding the balance in the WTO Agreement on Technical Barriers to Trade through Adjudication (by Denise Prévost) -- PART II: Investment Litigation at a Crossroad -- Chapter 5. Investor-State Arbitration Distorted – When the Claimant is a State (by Julien Chaisse and Dini Sejko) -- Chapter 6. Protecting States under Asian Multilateral Investment Treaties Claims, Counterclaims and Interim Relief Measures (by Rahul Donde and Trisha Mitra) -- Chapter 7. Determination of Indirect Expropriation and Doctrine of Police Power in International Investment Law: A Critical Appraisal (Prabhash Ranjan and Pushkar Anand) -- PART III: International Law’s Local Experiments and Global Challenges -- Chapter 8. Role of Indian Judiciary in the Realm of International Trade and Investment Law (Amal K. Ganguli) -- Chapter 9. Human Rights in International Investment Disputes - Global Litigation as International Law Re-unifier (Leïla Choukroune) -- Chapter 10. Conclusion: Sovereignty Modern
Control code
978-981-10-2360-6
Dimensions
unknown
Extent
1 online resource (XIX, 222 pages)
File format
multiple file formats
Form of item
  • online
  • electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9789811023606
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
c
Other control number
10.1007/978-981-10-2360-6
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)966400251
Label
Judging the State in International Trade and Investment Law : Sovereignty Modern, the Law and the Economics, edited by Leïla Choukroune, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=http://dx.doi.org/10.1007/978-981-10-2360-6
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Chapter 1: Introduction: Judging the State in International Trade and Investment Law: Why, How and What for? -- PART I: International Trade: The WTO and Beyond -- Chapter 2. Judging the Judges or Judging the Members? Pathways and Pitfalls in the Appellate Body Appointment Process (by Arthur E. Appleton) -- Chapter 3. WTO, State and Legal Capacity Building: An Indian Narrative (by James J. Nedumpara) -- Chapter 4. States’ Regulatory Autonomy to Protect Societal Values through Legitimate Regulatory Distinctions: Finding the balance in the WTO Agreement on Technical Barriers to Trade through Adjudication (by Denise Prévost) -- PART II: Investment Litigation at a Crossroad -- Chapter 5. Investor-State Arbitration Distorted – When the Claimant is a State (by Julien Chaisse and Dini Sejko) -- Chapter 6. Protecting States under Asian Multilateral Investment Treaties Claims, Counterclaims and Interim Relief Measures (by Rahul Donde and Trisha Mitra) -- Chapter 7. Determination of Indirect Expropriation and Doctrine of Police Power in International Investment Law: A Critical Appraisal (Prabhash Ranjan and Pushkar Anand) -- PART III: International Law’s Local Experiments and Global Challenges -- Chapter 8. Role of Indian Judiciary in the Realm of International Trade and Investment Law (Amal K. Ganguli) -- Chapter 9. Human Rights in International Investment Disputes - Global Litigation as International Law Re-unifier (Leïla Choukroune) -- Chapter 10. Conclusion: Sovereignty Modern
Control code
978-981-10-2360-6
Dimensions
unknown
Extent
1 online resource (XIX, 222 pages)
File format
multiple file formats
Form of item
  • online
  • electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9789811023606
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
c
Other control number
10.1007/978-981-10-2360-6
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)966400251

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