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Judging the State in International Trade and Investment Law Leila Choukroune

Judging the State in International Trade and Investment Law By Leila Choukroune

Judging the State in International Trade and Investment Law by Leila Choukroune


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Judging the State in International Trade and Investment Law Summary

Judging the State in International Trade and Investment Law: Sovereignty Modern, the Law and the Economics by Leila Choukroune

This book addressesconcerns withthe international trade and investmentdispute settlement systems from a statistperspective, at a time when multilateralism is deeply questionedbythe forces of mega-regionalism and politicalandeconomic contestation.In covering recent case lawandtheoretical discussions, the books contributors analyze the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign actors as autonomous regulators.

From ademocratic deficit coupledwith a deficit oflegitimacyin relation to thequestionable professionalism, independence and impartiality of adjudicators to the lack of consistency of decisions challenging essential public policies,trade and investmentdisputes have proven controversial.These challenges call for a rethinking ofwhy, how and what for,areStates judged.Based on a sovereignty modern approach, which takes into account the latest evolutions of a globalizedtrade and investment lawstruggling to put peoples expectations at its core, thebook provides a comprehensive framework and truly original perspective linking the various facets of judicial activity to the specific yet encompassing character of international law and the rule of law in international society.In doing so, it covers a large variety of issues such as global judicial capacity building and judicial professionalism from an international and domestic comparative angle, trade liberalisation and States' legitimate rights and expectations to protect societal values, the legal challenges of being a State claimant, the uses and misuses of imported legal concepts and principles in multidisciplinary adjudications and, lastly, the need to reunify international law on a (human) rights based approach.

Judging the State in International Trade and Investment Law Reviews

This small volume contains a collection of contributions of academics and practitioners . As is often the case with collective works, the different contributions to this volume do not necessarily follow an identical approach and some of them may be more relevant to the central topic than others. the book constitutes useful reading for international economic law academics and practitioners alike. (Panayotis M. Protopsaltis, Leiden Journal of International Law, Vol. 32 (2), 2019)

About Leila Choukroune

Prof. Leila Choukroune is Director of the Centre for Social Sciences and Humanities (CSH), New Delhi India, the French National Research Centre (CNRS) Unit on South Asia. Before taking the responsibility of the CSH directorship, she was Associate Professor with the Law Faculty of Maastricht University, The Netherlands, Assistant Professor with HEC Paris, France, Consultant with the OECD, Lecturer with Paris I Pantheon-Sorbonne, France, and Researcher with the French Centre for Research on Contemporary China (CEFC), Hong Kong. She was Deputy Director of the Institute for Globalization and International Regulation (IGIR) and Director of the Advanced Master in International Economic Law at the Maastricht University.

She holds a Doctorate in international law (Summa cum laude highest honor) from the University Paris I Pantheon Sorbonne and is a qualified lawyer to the Paris Bar.

Her research focuses on the interactions between trade, investment and human rights and is applied to emerging countries, China and India in particular. She has published numerous scientific articles and authored several books including (with Sangeeta Khorana) Global Health and the Emerging World: An Integrated International Trade Approach, (Springer, forthcoming 2017). She is the Editor of the Springer book series International Law and the Global South, and member of the Editorial Board of China Perspectives.

Leila Choukroune is regularly solicited as an independent expert on international economic law and business and human rights issues. She is an independent adviser to the International Federation for Human Rights (FIDH) and a Member of the French National Books Commission (CNL).

Table of Contents

Chapter 1:Introduction: Judging the State in International Trade and Investment Law: Why, How and What for?.-PART I:International Trade: The WTO and Beyond.- Chapter 2.Judging the Judges or Judging the Members? Pathways and Pitfalls in the Appellate Body Appointment Process (byArthur E. Appleton).- Chapter 3.WTO, State and Legal Capacity Building: An Indian Narrative (byJames J. Nedumpara).-Chapter 4.States Regulatory Autonomy to Protect Societal Values through Legitimate Regulatory Distinctions: Finding the balance in the WTO Agreement on Technical Barriers to Trade through Adjudication (byDenise Prevost).- PART II:Investment Litigation at a Crossroad.- Chapter 5.Investor-State Arbitration Distorted When the Claimant is a State (byJulien Chaisse and Dini Sejko).- Chapter 6.Protecting States under Asian Multilateral Investment Treaties Claims, Counterclaims and Interim Relief Measures (byRahul Donde and Trisha Mitra).-Chapter 7.Determination of Indirect Expropriation and Doctrine of Police Power in International Investment Law: A Critical Appraisal (Prabhash Ranjan and Pushkar Anand).-PART III:International Laws Local Experiments and Global Challenges.-Chapter 8.Role of Indian Judiciary in the Realm of International Trade and Investment Law (Amal K. Ganguli).- Chapter 9.Human Rights in International Investment Disputes - Global Litigation as International Law Re-unifier (Leila Choukroune).- Chapter 10.Conclusion: Sovereignty Modern.

Additional information

NPB9789811023583
9789811023583
9811023581
Judging the State in International Trade and Investment Law: Sovereignty Modern, the Law and the Economics by Leila Choukroune
New
Hardback
Springer Verlag, Singapore
2016-12-16
222
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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