Internal constraints: adjudication as a mode of social ordering

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Chapter 4 in Dispute Settlement and the Reform of International Investment Law, 2023, pp 98-130 from Edward Elgar Publishing

Abstract: This chapter parses the ‘internal constraints’ on international adjudication’s contributions to legalization. The constraints arise from the intrinsic features of international adjudicative procedures, including the limited parties involved, decision-making based on arguments by principle and low time efficiency. Based on Fuller’s theory about the limits of adjudication in terms of solving polycentric issues, it further argues that international investment tribunals, without explicit support from the applicable treaties or party consent, are ill equipped to address, on their own initiative, many concerns regarding public interests. As such, their role in promoting the sociological legitimacy of the legal regime is also limited.

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