Judging the State in International Trade and Investment Law

By Leïla Choukroune (Ed.), Published by Springer, November 2016

The book analyzes the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign states. Questionable professionalism, independence and impartiality of adjudicators, as well as a lack of consistency of decisions challenging public policies, have all contributed to the controversy surrounding trade and investment disputes. These challenges call for a rethinking of why, how and what for states are judged. The book covers issues such as global judicial capacity-building and judicial professionalism from an international and domestic comparative angle, states’ legitimate right to regulate, legal challenges of being a state claimant, uses and misuses of imported legal concepts and principles in multidisciplinary adjudications, and the need to reunify international law on a (human) rights–based approach. Available at http://www.springer.com/gp/book/9789811023583.