Justice and the Reform of International Investment Law

Nadakavukaren Krista ()
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Nadakavukaren Krista: Vice Director, Swiss Institute of Comparative Law, Lausanne, Switzerland; and Adjunct Instructor, University of Basel, Faculty of Law, Basel, Switzerland

The Law and Development Review, 2022, vol. 15, issue 2, 283-328

Abstract: This paper focuses on the reforms proposed to investment law, in particular in relation to dispute resolution, from the standpoint of justice. It sets out the ways that the proposed adoption of a standing investment court with an appellate instance would impact the justice of the international investment law system by focusing on the notion of justice as fairness. By assessing the impacts of the proposed changes’ limits on the discourse about investment law, I argue that the effects of the proposed reforms will dampen tribunal exchanges about contentious legal interpretations. This will not move the system closer to a fully just international order because the core values are not ones of discourse but rather those of protecting state sovereignty. Justice, if it follows, will be only that which fits within the framework of heightened sovereign power.

Keywords: investment; legal reform; justice; fairness; sovereignty (search for similar items in EconPapers)
Date: 2022
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DOI: 10.1515/ldr-2021-0110

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