Adjudicating Trade and Investment Disputes

Convergence or Divergence?

Szilárd Gáspár-Szilágyi, Daniel Behn, Malcolm Langford

• Publisher: Cambridge University Press
• Year: 2020
• Print ISBN:
  9781108487405
• eBook ISBN:
  9781108806831
• Topic: Law
• Subtopic: Arbitration, Negotiation & Mediation in Law
• Index: Law

Recent trends suggest that international economic law may be witnessing a renaissance of convergence – both parallel and intersectional. The adjudicative process also reveals signs of convergence. These diverse claims of convergence are of legal, empirical and normative interest. Yet, convergence discourse also warrants scepticism. This volume contributes to both the general debate on the fragmentation of international law and the narrower discourse concerning the interplay between international trade and investment, focusing on dispute settlement. It moves beyond broad observations or singular case studies to provide an informed and wide-reaching assessment by investigating multiple standards, processes, mechanisms and behaviours. Methodologically, a normative stance is largely eschewed in favour of a range of 'doctrinal,' quantitative and qualitative methods that are used to address the research questions. Furthermore, in determining the extent of convergence or divergence, it is important to recognize that there is no bright line or clear yardstick for determining its nature or degree.

Table of contents

• Cover
• Half-title page
• Series page
• Title page
• Copyright page
• Contents
• List of Figures
• List of Tables
• List of Editors and Contributors
• Preface and Acknowledgements
• 1 Assessing Convergence in International Economic Disputes – A Framework
• Part I Dispute System Design
• Part II Use of Precedent across Regimes
• Part III Interpretive Powers and Adjudicative Behaviour
• 11 Epilogue: ‘Convergence’ Is a Many-Splendored Thing
• Index