CLASH OF PARADIGMS: ACTORS AND ANALOGIES SHAPING THE INVESTMENT TREATY SYSTEM

• 成果类型: Article
• 署名作者: Roberts, Anthea
• 署名单位: University of London; London School Economics & Political Science
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• 发表日期: 2013
• 页码: 45-+
• 关键词: CREATE INTERNATIONAL TRIBUNALS; PROFESSORS POSNER; state arbitration; decision-making; LAW; WTO; standard; POLICY; EMPLOYMENT; DEFERENCE

摘要

Clash of Paradigms: Actors and Analogies Shaping the Investment Treaty System Anthea Roberts When seeking to understand the nature of the investment treaty system, participants routinely draw analogies from and with public international law, international commercial arbitration, public law, trade law, and human rights law. However, these analogies frequently point to distinct (and sometimes clashing) conclusions as a result of differences in their underlying paradigms. This article examines what each paradigm reveals and obscures about the investment treaty system and how the backgrounds and interests of different actors inform their choice of analogies.