This Article applies the theory of comparative institutional analysis to evaluate the tradeoffs associated with alternative institutional processes for resolving investment disputes in terms of their relative biases. We assess the trade-offs in light of the principle of accountability under the rule of law, which underpins other goals attributed to investment law. The Article makes two recommendations: first, reforms should address complementarity between domestic and international institutions; second, institutional choice should vary in light of the different contexts that States face.
Monday, June 11, 2018
Puig & Shaffer: Imperfect Alternatives: Institutional Choice and the Reform of Investment Law
Sergio Puig (Univ. of Arizona - Law) & Gregory Shaffer (Univ. of California, Irvine - Law) have posted Imperfect Alternatives: Institutional Choice and the Reform of Investment Law (American Journal of International Law, forthcoming). Here's the abstract: