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1 - Assessing Convergence in International Economic Disputes – A Framework

Published online by Cambridge University Press:  25 June 2020

Szilárd Gáspár-Szilágyi
Affiliation:
University of Oslo
Daniel Behn
Affiliation:
University of Oslo
Malcolm Langford
Affiliation:
University of Oslo
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Summary

Recent trends suggest that international economic law may be witnessing a renaissance of convergence – both parallel and intersectional. The adjudicative process also reveals signs of convergence. These diverse claims of convergence are of legal, empirical and normative interest. Yet, convergence discourse also warrants scepticism. This volume therefore aims to contribute to both the general debate on the fragmentation of international law and the discourse concerning the interplay between international trade and investment, with a particular focus on dispute settlement. It especially seeks to move beyond broad observations or singular case studies to provide an informed and wide-reaching assessment by investigating multiple standards, processes, mechanisms and behaviours. Methodologically, a normative stance is largely eschewed in favour of a range of ‘doctrinal,’ quantitative and qualitative methods that are used to address the research questions. Furthermore, in determining the extent of convergence, it is important to recognize that there is no bright line or clear yardstick for determining its nature or degree.

Type
Chapter
Information
Adjudicating Trade and Investment Disputes
Convergence or Divergence?
, pp. 1 - 18
Publisher: Cambridge University Press
Print publication year: 2020

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