Designing a Multilateral Investment Court for Procedural Justice
نویسندگان
چکیده
Abstract Working Group III of the United Nations Commission on International Trade Law has embarked a mandate to reform investor-State dispute settlement (ISDS), through identifying set concerns that merit multilateral procedural reform. In response, EU proposed creating standing investment court. Despite importance justice theory in domestic legal systems, its value as resource international resolution is under-recognized. This article focuses literature social psychology justice, offering an empirically-based theoretical foundation helps identify key elements and options designing adjudication. Within ISDS reform, authors focus necessary innovations independence impartiality, transparency, participation, correction error, pillars research. The proposal suggests substituting more traditional judicial model for current problematic arbitral model, which aligns greater degree with principles justice.
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ژورنال
عنوان ژورنال: The journal of world investment & trade
سال: 2023
ISSN: ['1660-7112', '2211-9000']
DOI: https://doi.org/10.1163/22119000-12340294