The notion of legalization in the context of international investment law

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Chapter 2 in Dispute Settlement and the Reform of International Investment Law, 2023, pp 22-55 from Edward Elgar Publishing

Abstract: The notion of ‘legalization’ constitutes the basic normative framework against which to assess the development of international investment law. Therefore, to facilitate the discussions in the following chapters, this chapter first delineates the meaning of legalization and discusses the activities of states (that is, the creation of international obligations, codification, multilateralization and clarification of rules) as well as the features of adjudicative bodies (accessibility, independence, quality of awards, transparency, public participation, enforcement and precedents) that may contribute to a more legalized international investment law. This chapter has two main purposes: to critically examine and reinterpret the notion of legalization from a constructivist perspective, and to assess the evolution and status quo of international investment law through the lens of legalization.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2023
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