Imperfect alternatives: institutional choice and the reform of investment law

S Puig, G Shaffer - American Journal of International Law, 2018 - cambridge.org
This Article applies the theory of comparative institutional analysis to evaluate the trade-offs
associated with alternative mechanisms for resolving investment disputes. We assess the …

Backlash against international courts: explaining the forms and patterns of resistance to international courts

MR Madsen, P Cebulak, M Wiebusch - International Journal of Law …, 2018 - cambridge.org
The paper investigates and theorises different forms and patterns of resistance to
international courts (ICs) and develops an analytical framework for explaining their …

[图书][B] The political economy of the investment treaty regime

J Bonnitcha, LNS Poulsen, M Waibel - 2017 - books.google.com
Investment treaties are some of the most controversial but least understood instruments of
global economic governance. Public interest in international investment arbitration is …

The rule of law without the rule of lawyers? Why investment arbitrators are from Mars, trade adjudicators from Venus

J Pauwelyn - American Journal of International Law, 2015 - cambridge.org
At the twentieth anniversary of the World Trade Organization (WTO), the WTO's dispute
settlement system is celebrated as one of the organization's biggest achievements. Although …

The challenging authority of the European Court of Human Rights: from Cold War legal diplomacy to the Brighton Declaration and backlash

MR Madsen - Law & Contemp. Probs., 2016 - HeinOnline
History is a key context for understanding the authority of the European Court of Human
Rights (ECtHR or Court).'This half-century old international court (IC) has operated in …

Retooling trade agreements for social inclusion

G Shaffer - U. Ill. L. Rev., 2019 - HeinOnline
International trade law has been oblivious to social inclusion. Although trade is not primarily
to blame for rising inequality and social conflict, it is not wholly innocent either. International …

How context shapes the authority of international courts

KJ Alter, LR Helfer, MR Madsen - Law & Contemp. Probs., 2016 - HeinOnline
There is wide variation in the activity and influence of the nearly two dozen international
courts (ICs) currently in existence. What factors lead some ICs to become active and …

Liquid authority in global governance

N Krisch - International Theory, 2017 - cambridge.org
Authority is a key concept in politics and law, and it has found greater attention in the global
context in recent years. Most accounts, however, employ a model of 'solid'authority borrowed …

The judicial trilemma

JL Dunoff, MA Pollack - American Journal of International Law, 2017 - cambridge.org
International tribunals confront a “Judicial Trilemma.” More specifically the states that design,
and the judges that serve on, international courts face an interlocking series of tradeoffs …

Who Guards the “Guardians of the System”? The Role of the Secretariat in WTO Dispute Settlement

J Pauwelyn, K Pelc - American Journal of International Law, 2022 - cambridge.org
For all the attention paid to the panelists and Appellate Body of the World Trade
Organization (WTO), the Secretariat plays an overlooked and increasingly important role in …