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International rule of law through international investment law : strengths, challenges and opportunities
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Zivkovic, Velimir (2018) International rule of law through international investment law : strengths, challenges and opportunities. Working Paper. Elsevier. KFG Working Paper Series, Berlin Potsdam Research Group 'The International Rule of Law – Rise or Decline?' (16).
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Official URL: http://dx.doi.org/10.2139/ssrn.3180585
Abstract
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 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.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | KFG Working Paper Series, Berlin Potsdam Research Group 'The International Rule of Law – Rise or Decline?' | ||||
Journal or Publication Title: | SSRN Electronic Journal | ||||
Publisher: | Elsevier | ||||
ISSN: | 1556-5068 | ||||
Official Date: | 10 June 2018 | ||||
Dates: |
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Number: | 16 | ||||
Number of Pages: | 33 | ||||
DOI: | 10.2139/ssrn.3180585 | ||||
Institution: | University of Warwick | ||||
Status: | Not Peer Reviewed | ||||
Publication Status: | Published | ||||
Open Access Version: |
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