Judging the State in International Trade and Investment Law

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 book's 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 people's 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.