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Pursuing and reimagining the international rule of law through international investment law
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Zivkovic, Velimir (2020) Pursuing and reimagining the international rule of law through international investment law. Hague Journal on the Rule of Law, 12 . pp. 1-27. doi:10.1007/s40803-018-00084-w ISSN 1876-4045.
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Official URL: http://dx.doi.org/10.1007/s40803-018-00084-w
Abstract
In challenging times for international law, the international rule of law as a connecting thread of 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, I argue that assessing ‘rise’ or ‘decline’ motions in this sphere warrants a nuanced approach that should recognize 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 the 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 the rule of law at both international and national levels. Through recognizing the specificities of interaction between the international and national spheres, arbitrators can reinvigorate the legitimacy of the international rule of law through international investment law—benefitting thus the future of both.
| Item Type: | Journal Article | ||||||||
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| Subjects: | K Law [LC] > K Law (General) | ||||||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||||||
| Library of Congress Subject Headings (LCSH): | International law, Rule of law, Investments, Foreign (International law) | ||||||||
| Journal or Publication Title: | Hague Journal on the Rule of Law | ||||||||
| Publisher: | Springer | ||||||||
| ISSN: | 1876-4045 | ||||||||
| Official Date: | April 2020 | ||||||||
| Dates: |
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| Volume: | 12 | ||||||||
| Page Range: | pp. 1-27 | ||||||||
| DOI: | 10.1007/s40803-018-00084-w | ||||||||
| Status: | Peer Reviewed | ||||||||
| Publication Status: | Published | ||||||||
| Reuse Statement (publisher, data, author rights): | This is a post-peer-review, pre-copyedit version of an article published in Hague Journal on the Rule of Law. The final authenticated version is available online at: https://doi.org/10.1007/s40803-018-00084-w | ||||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||||
| Date of first compliant deposit: | 6 November 2019 | ||||||||
| Date of first compliant Open Access: | 17 January 2020 |
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