Book contents
- Adjudicating Trade and Investment Disputes
- Studies on International Courts and Tribunals
- Adjudicating Trade and Investment Disputes
- Copyright page
- Contents
- Figures
- Tables
- Editors and Contributors
- Preface and Acknowledgements
- 1 Assessing Convergence in International Economic Disputes – A Framework
- Part I Dispute System Design
- Part II Use of Precedent across Regimes
- 5 Approaches to External Precedent: The Invocation of International Jurisprudence in Investment Arbitration and WTO Dispute Settlement
- 6 Engagement between International Trade and Investment Adjudicators
- Part III Interpretive Powers and Adjudicative Behaviour
- 11 Epilogue: ‘Convergence’ Is a Many-Splendored Thing
- Index
6 - Engagement between International Trade and Investment Adjudicators
from Part II - Use of Precedent across Regimes
Published online by Cambridge University Press: 25 June 2020
- Adjudicating Trade and Investment Disputes
- Studies on International Courts and Tribunals
- Adjudicating Trade and Investment Disputes
- Copyright page
- Contents
- Figures
- Tables
- Editors and Contributors
- Preface and Acknowledgements
- 1 Assessing Convergence in International Economic Disputes – A Framework
- Part I Dispute System Design
- Part II Use of Precedent across Regimes
- 5 Approaches to External Precedent: The Invocation of International Jurisprudence in Investment Arbitration and WTO Dispute Settlement
- 6 Engagement between International Trade and Investment Adjudicators
- Part III Interpretive Powers and Adjudicative Behaviour
- 11 Epilogue: ‘Convergence’ Is a Many-Splendored Thing
- Index
Summary
The author introduces the term ‘judicial engagement’ to conceptualize the interaction between different international courts. Judicial engagement occupies a large middle ground on the continuum between resistance and convergence, highlighting the willingness of the participating adjudicators to consider external sources in the appropriate case, denoting commitments to judicial deliberation but being open to the outcome of either harmony or dissonance. This chapter focuses on two specific research questions. Firstly, it searches for the normative grounds for this adjudicative behaviour, identifying the elements that support it, as well as those that render ‘cross-judging’ impossible. The second question to be answered is the possible function and contribution of engagement between trade and investment tribunals. The ultimate enquiry concerns whether we should or should not promote this adjudicative behaviour. If so, what would its benefits be? The discussion in this regard will look into the possible function of judicial engagement in the light of the legitimacy challenges currently faced, and the role of governance currently performed, by the tribunals involved.
Keywords
- Type
- Chapter
- Information
- Adjudicating Trade and Investment DisputesConvergence or Divergence?, pp. 149 - 164Publisher: Cambridge University PressPrint publication year: 2020