Judging the State in International Trade and Investment Law: by Leïla Choukroune

By Leïla Choukroune

This e-book addresses concerns with the foreign exchange and investment dispute payment structures from a statist perspective, at a time while multilateralism is deeply questioned by the forces of mega-regionalism and political and economic contestation. In overlaying contemporary case law and theoretical discussions, the book’s participants examine the particularities of statehood and the constraints of the dispute cost platforms to pass judgement on sovereign actors as independent regulators.

From a democratic deficit coupled with a deficit of legitimacy in relation to the questionable professionalism, independence and impartiality of adjudicators to the shortcoming of consistency of choices hard crucial public policies, trade and investment disputes have confirmed controversial. These demanding situations demand a rethinking of why, how and what for, are States judged. in response to a “sovereignty smooth” technique, which takes into consideration the newest evolutions of a globalized trade and funding law struggling to place people’s expectancies at its middle, the book offers a finished framework and actually unique standpoint linking many of the elements of “judicial task” to the explicit but encompassing personality of foreign legislation and the guideline of legislation in overseas society. In doing so, it covers a wide number of concerns comparable to worldwide judicial ability development and judicial professionalism from a global and family comparative perspective, alternate liberalisation and States' valid rights and expectancies to guard societal values, the criminal demanding situations of being a kingdom claimant, the makes use of and misuses of imported felony ideas and rules in multidisciplinary adjudications and, finally, the necessity to reunify foreign legislation on a (human) rights dependent approach. 

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32 Appellate Body Report, European Communities – Measures Affecting Asbestos and AsbestosContaining Products (WT/DS135/AB/R), DSR 2001:VII, 3243 (adopted 5 April 2001). The scolding that some Members gave the Appellate Body when it decided to issue guidelines for acceptance of amicus submission appears to have had a chilling effect on the Appellate Body’s willingness to State that they were influenced by amicus submission. For a description of this matter, see Victoria Donaldson, The Appellate Body: Institutional and Procedural Aspects, in, Appleton and Plummer (eds) The World Trade System: Legal, Economic and Political Analysis (Springer, New York, 2005) 1333.

Arena”, Burlington Free Press (9 March 2014). 2 Judging the Judges or Judging the Members? 14 Tweak 2: The vertical path can be expanded to include Appellate Body Members who have served on WTO panels, as this experience is analogous to serving (on a much smaller scale) as a lower court judge. As the WTO Appellate Body Secretariat is crucial to the Appellate Body’s work, the Vertical path can also reasonably be expanded to include former WTO Appellate Body Secretariat staff who, due to their length of service and institutional understanding, plays a role that is far more important than a US law clerk in Appellate Body decision-making.

In a politicized judicial-selection system, this is understandable as sitting judges have a track record of published decisions that illuminate their political views and judicial philosophy. They also have experience. Professor Nelson, however, notes that approximately half of early Supreme Court judges were drawn from political circles (what he terms the Collateral path—governors, congressmen, and cabinet Members). This is also understandable as judges with track records were scarce in the early days of the Supreme Court.

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