Justice and Authority in Investment Protection

Suttle Oisin ()

The Law and Development Review, 2022, vol. 15, issue 2, 257-282

Abstract: What role should concerns about distributive justice play in international investment law? This paper argues that answers to fundamental and contestable questions of social and global distributive justice are a necessary, if implicit, premise of international investment law. In particular, they shape our views on the purpose of investment law, and in turn determine the scope of authority that investment law can claim, and that states should accord it. The implausibility of achieving international consensus on these questions constitutes a substantial objection to the harmonization of investment law or the consistent operation of a multilateral investment court.

Keywords: authority; distributive justice; global justice; investment law; service conception; Raz (search for similar items in EconPapers)
Date: 2022
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DOI: 10.1515/ldr-2021-0097

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