Apparent Dichotomies, Covert Similarities
A Response to Joost Pauwelyn
Bibliographic Data
| ID | 16960794 |
|---|---|
| Authors | Catherine A Rogers (Queen Mary University of London, corresponding author) |
| Year | 2015 |
| Volume | 109 |
| Pages | 294-301 |
| Publication date | 2015-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | AJIL Unbound (JOURNAL) |
| Journal identifiers | ISSN: 2398-7723 • E-ISSN: 2398-7723 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2398772300001628 |
| OpenAlex | W2341900942 |
| Language | EN |
| Citations received | 1 |
In his thoughtful article, Joost Pauwelyn poses a perplexing question: How can it be that trade and investment are converging in their substantive “legal orders,” but diverging in terms of perceived legitimacy? Investor-State Dispute Settlement (ISDS), he argues, is in a “state of crisis” whereas World Trade Organization (WTO) dispute settlement is generally regarded as “successful.” Pauwelyn’s provocative and counter-intuitive explanation for this paradox focuses on the apparent differences between the pool of decision-makers in each regime: WTO disputes are resolved by nameless, faceless, panel-inexperienced bureaucrats who often lack legal training, whereas “investment arbitrators are typically high-powered, elite jurists” with more expertise and experience than their WTO counterparts
Covert · Dichotomy · Epistemology · Linguistics · Sociology · demographic modeling and climate adaptation · European and International Law Studies · Historical Legal Studies and Society · Philosophy
| Citations per year | 0.33 |
|---|---|
| Citation span | 2023 - 2023 (1) |
| Highly cited | No |