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International Rule of Law Through International Investment Law

  • In challenging times for international law, there might be a heightened need for both analysis and prescription. The international rule of law as a connecting thread that goes through the global legal order is a particularly salient topic. By providing a working understanding of the content and contexts of the international rule of law, and by taking the regime of international investment law as a case study, this paper argues that assessing 'rise' or 'decline' motions in this sphere warrants a nuanced approach that should recognise parallel positive and negative developments. Whilst prominent procedural and substantive aspects of international investment law strongly align with the international rule of law requirements, numerous challenges threaten the future existence of the regime and appeal of international rule of law more broadly. At the same time, opportunities exist to adapt the substantive decision-making processes in investor-State disputes so to pursue parallel goals of enhancing rule of law at both international andIn challenging times for international law, there might be a heightened need for both analysis and prescription. The international rule of law as a connecting thread that goes through the global legal order is a particularly salient topic. By providing a working understanding of the content and contexts of the international rule of law, and by taking the regime of international investment law as a case study, this paper argues that assessing 'rise' or 'decline' motions in this sphere warrants a nuanced approach that should recognise parallel positive and negative developments. Whilst prominent procedural and substantive aspects of international investment law strongly align with the international rule of law requirements, numerous challenges threaten the future existence of the regime and appeal of international rule of law more broadly. At the same time, opportunities exist to adapt the substantive decision-making processes in investor-State disputes so to pursue parallel goals of enhancing rule of law at both international and national levels. Through recognising the specificities of interaction between international and national sphere, arbitrators can further reinvigorate the legitimacy of international rule of law through international investment law - benefitting thus the future of both.show moreshow less

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Metadaten
Author:Velimir Zivkovic
URN:urn:nbn:de:kobv:517-opus4-422181
DOI:https://doi.org/10.25932/publishup-42218
ISSN:2509-3770
ISSN:2509-3762
Parent Title (English):KFG Working Paper Series
Subtitle (English):Strengths, Challenges and Opportunities
Series (Serial Number):KFG Working Paper Series (16)
Document Type:Working Paper
Language:English
Date of first Publication:2018/06/10
Year of Completion:2018
Publishing Institution:Universität Potsdam
Release Date:2019/01/09
Issue:16
Pagenumber:33
Source:First publication of the paper: DOI https://doi.org/10.2139/ssrn.3180585
Organizational units:Extern / Berlin Potsdam Research Group "The International Rule of Law - Rise or Decline?"
Dewey Decimal Classification:3 Sozialwissenschaften / 34 Recht / 340 Recht
Peer Review:Nicht referiert
Licence (German):License LogoKeine Nutzungslizenz vergeben - es gilt das deutsche Urheberrecht