Joshua Paine
Biographic Data
| ID | 5794571 |
|---|---|
| NAME | Joshua Paine |
| GIVEN NAMES | Joshua |
| FAMILY NAME | Paine |
| SIGNATURE | PAINE J |
| AFFILIATIONS | University of Bristol |
| ORCID | 0000-0002-1373-2441 |
| VERIFIED | Yes |
| TOTAL WORKS | 5 |
| TOTAL CITATIONS | 4 |
| WORKS AS AUTHOR | 5 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2013 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 1 |
Control Mechanisms in Multilateral Investment Tribunals
A future multilateral investment court (MIC) or multilateral appellate mechanism (MAM) will operate on a plurilateral basis, among States that become parties to the tribunal's constitutive instrument and grant it jurisdiction over disputes under their investment treaties. The creation of a MIC or MAM would involve a significant strengthening and centralization of dispute settlement institutions in the investment treaty regime, which is already ov…
Autonomy to Set the Level of Regulatory Protection in International Investment Law
This article argues that State autonomy in setting the level of protection for permissible regulatory aims can be better operationalised in the investment treaty regime. The article draws on comparative insights from WTO law, where it is established that WTO members have the right to determine the level of protection for permissible regulatory aims, although significant disciplines are placed on the means used to achieve those aims. It is then ar…
The Return of the Home State to Investor-State Disputes
International Adjudication as a Global Public Good
This article explores whether international adjudication might constitute a global public good or a mechanism that produces such goods. The article’s key contribution is to differentiate between the functions that are served by international adjudicatory processes and to demonstrate that these produce distinct costs and benefits, some of which are privately held and others that are much more diffusely held and involve public goods problems. Even …
Kelsen, Legal Normativity, and Formal Justice in International Relations
Hans Kelsen's vast body of work is perhaps one of the best examples of the unremarkable but important point that one's legal theory and methodological choices are intricately tied up with how one understands international law. Kelsen stands for a huge number of different positions, but chief amongst them must be his insistence on developing a ‘pure’ theory of law that accounted for the unique normativity of law, separate from empirical facts and …
Kelsen, Legal Normativity, and Formal Justice in International Relations
Hans Kelsen's vast body of work is perhaps one of the best examples of the unremarkable but important point that one's legal theory and methodological choices are intricately tied up with how one understands international law. Kelsen stands for a huge number of different positions, but chief amongst them must be his insistence on developing a ‘pure’ theory of law that accounted for the unique normativity of law, separate from empirical facts and …
Autonomy to Set the Level of Regulatory Protection in International Investment Law
This article argues that State autonomy in setting the level of protection for permissible regulatory aims can be better operationalised in the investment treaty regime. The article draws on comparative insights from WTO law, where it is established that WTO members have the right to determine the level of protection for permissible regulatory aims, although significant disciplines are placed on the means used to achieve those aims. It is then ar…
Kelsen, Legal Normativity, and Formal Justice in International Relations
Hans Kelsen's vast body of work is perhaps one of the best examples of the unremarkable but important point that one's legal theory and methodological choices are intricately tied up with how one understands international law. Kelsen stands for a huge number of different positions, but chief amongst them must be his insistence on developing a ‘pure’ theory of law that accounted for the unique normativity of law, separate from empirical facts and …
International Adjudication as a Global Public Good
This article explores whether international adjudication might constitute a global public good or a mechanism that produces such goods. The article’s key contribution is to differentiate between the functions that are served by international adjudicatory processes and to demonstrate that these produce distinct costs and benefits, some of which are privately held and others that are much more diffusely held and involve public goods problems. Even …
The Return of the Home State to Investor-State Disputes
Autonomy to Set the Level of Regulatory Protection in International Investment Law
This article argues that State autonomy in setting the level of protection for permissible regulatory aims can be better operationalised in the investment treaty regime. The article draws on comparative insights from WTO law, where it is established that WTO members have the right to determine the level of protection for permissible regulatory aims, although significant disciplines are placed on the means used to achieve those aims. It is then ar…
Control Mechanisms in Multilateral Investment Tribunals
A future multilateral investment court (MIC) or multilateral appellate mechanism (MAM) will operate on a plurilateral basis, among States that become parties to the tribunal's constitutive instrument and grant it jurisdiction over disputes under their investment treaties. The creation of a MIC or MAM would involve a significant strengthening and centralization of dispute settlement institutions in the investment treaty regime, which is already ov…
Law (5 works) · Law and economics (5 works) · Political science (5 works) · International Arbitration and Investment Law (4 works) · Business (3 works) · Economics (3 works) · International law (3 works) · Law (3 works) · Corporate Law and Human Rights (2 works) · International Law and Human Rights (2 works)