Adjudicating Trade and Investment Disputes: Convergence or Divergence?

ISBN-13: 9781108487405 / Angielski / Twarda / 2020 / 320 str.

Szilard Gaspar-Szilagyi; Daniel Behn; Malcolm Langford

Opis

A multi-disciplinary, multi-author analysis of convergence and divergence between trade and international dispute settlement.

Recenzje

'Adjudicating Trade and Investment Disputes is an excellent, timely contribution to the growing field of scholarship on the overlap between the two most important spheres of international economic law.' David Collins, International Trade Law & Regulation

Spis treści

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.