Establishing judicial authority in international economic law / edited by Joanna Jemielniak, Laura Nielsen, and Henrik Palmer Olsen.
2016
K3820 .E88 2016 (Map It)
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Details
Title
Establishing judicial authority in international economic law / edited by Joanna Jemielniak, Laura Nielsen, and Henrik Palmer Olsen.
Published
Cambridge, United Kingdom : Cambridge University Press, 2016.
Call Number
K3820 .E88 2016
ISBN
9781107147102
1107147107
1107147107
Description
xii, 330 pages : illustrations ; 24 cm.
System Control No.
(OCoLC)926105979
Summary
A central development in international law is the intensified juridification of international relations by a growing number of international courts. With this in mind, this book discusses how international judicial authority is established and managed in key fields of international economic law: trade law, investor-state arbitration and international commercial arbitration. Adopting a unique legal-centric approach, the analysis explores the interplay between these areas of economic dispute resolution, tracing their parallel developments and identifying the ways they influence each other on processual mechanisms and solutions. Drawing together contributions from many leading scholars across the world, this volume considers issues such as the usage of precedent and the role of legitimacy, suggesting that the consolidation of judicial authority is a universal trend which impacts on state behaviour.
Note
A central development in international law is the intensified juridification of international relations by a growing number of international courts. With this in mind, this book discusses how international judicial authority is established and managed in key fields of international economic law: trade law, investor-state arbitration and international commercial arbitration. Adopting a unique legal-centric approach, the analysis explores the interplay between these areas of economic dispute resolution, tracing their parallel developments and identifying the ways they influence each other on processual mechanisms and solutions. Drawing together contributions from many leading scholars across the world, this volume considers issues such as the usage of precedent and the role of legitimacy, suggesting that the consolidation of judicial authority is a universal trend which impacts on state behaviour.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
List of figures
ix
List of tables
x
List of contributors
xi
Acknowledgements
xii
Introduction / Henrik Palmer Olsen
1
pt. I
Courts in international economic law: emergence, interplay, and proliferation
29
1.
Assessing the impact of WTO and regional dispute resolution mechanisms on the world trading system / David A. Gantz
31
2.
Establishing permanent regional good offices for trade disputes in Asia / Chang-Fa Lo
78
3.
African regional judiciaries and their jurisprudence in trade law matters / Amossaurombe
96
4.
Coordinated actions in international economic law as illustrated by investment treaty arbitration and World Trade Organization disputes / Laura Nielsen
119
pt. II
development and usage of precedents in international economic law
139
5.
Minority rules: precedent and participation before the WTO Appellate Body / Joost Pauwelyn
141
6.
welfare implications of precedent in international law / Krzysztof J. Pelc
173
7.
Features of trade law adjudication and their impact on the development of legal concepts and precedents / Stefanie Pfisterer
188
pt. III
Legitimating decisions in international economic law
213
8.
Judicial ethics in international economic law: what standards of independence and impartiality apply to arbitrators and panellists? / Krista Nadakavukaren Schefer
215
9.
Judicial authority and styles of reasoning: self-presentation between legalism and deliberation / Ingo Venzke
240
10.
`Global Citizens' in international commercial arbitration and WTO dispute resolution / Laura Nielsen
263
11.
Proportionality analysis and international commercial arbitration - the example of public policy and domestic courts / Benedikt Pirker
290
Index
320