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Book Cover
E-book
Author Tucker, Todd N., author

Title Judge knot : politics and development in international investment law / Todd N. Tucker
Published London : Anthem Press, 2018

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Description 1 online resource
Series Anthem frontiers of global political economy
Anthem frontiers of global political economy.
Contents Cover; Front Matter; Half-title; Series information; Title page; Copyright information; Dedication; Table of contents; List of illustrations; Acknowledgments; Chapter Int-6; Introduction; References; Chapter One Entering the Judge Knot; All Tangled Up; From Jobs to Judges; Global Institutions Meet Democracy; Outline of Remaining Chapters; References; Chapter Two Historicizing Investment Law; Strengths and Weaknesses of International Relations Paradigms; Realism: Power Talks, Law Walks; Rational-Choice Institutionalism: Rules That Bind; Sociological Institutionalism: Doing What Is Right
Historical Institutionalism: Taking Temporality SeriouslyJudicialization of Investment Law: A Historical Institutionalist Account; Critical Juncture: Challenge to Sovereign Immunity in the Peripheries and Proto-ISDS; Reactive Sequence: The Rights of Business After Social Upheavals; Incrementalism and Obfuscation: Congress as Frog in Boiling Water; Summing Up; References; Chapter Three Why Investors Demand Investment Law; Investor-State Dispute Settlement: The Mixed Empirical Track Record; What Do We Know about the Role of the State in Development?
New Institutional Economics and Theories of State DevelopmentThe Institutionalist Political Economy Alternative; Role Reversal on Courts; Attractive Inputs: Arbitral Development Ideologies; What Types of State Behavior Are Investment Treaties Meant to Constrain?; How Should Policy Change?; What Role Do Treaties Play in National Development?; How Much Sensitivity Should Arbitrators Show States?; Attractive Outputs: Ideology in Arbitral Decisions; "Best" Case: Damages for Political Change; "Worst" Case: Damages Only for Changes Unfavorable to Foreigners
"Best" (and "Worst") Case: All (or Only Part) of Tribunals Agree That Regulations' Impacts ... "Best" (and "Worst") Case: Foreigners Can Override Treaty Commitments of Their Home ... ; Truly Worst Case: Unusable Protections; Summing Up; References; Chapter Four Why Arbitrators Supply Investment Law; How Arbitrators Are Appointed; Arbitrator Types; Chairman Types; Wingman Types; Types in Interaction; Tribunal Types and Implications for States; Summing Up; References; Chapter Five Why Investment Law Lasts; Exploiting Imprecision; The Law Appliers; The Law Creators
Benefiting from Complex DelegationScreening; Monitoring; Sanctions; Institutional Checks and Balances; How Viable Is Voice or Exit?; Summing Up; References; Chapter Six Toward Global Popular Constitutionalism; Law in Democracy: From Popular Constitutionalism to Judicial Supremacy in the United States; Three Tales of Judicialization; Labor: From More Judicialization to Less, and Back Again; Trade: From No to Lots of Judicialization; Tax: Selective Judicialization; Reforming Investment Law: Can Knotty Be Nice?; Global Popular Constitutionalism: A Roadmap; Complementary Policies
Summary 'Judge Knot' explores the biggest and the most controversial success story in international law: investor-state dispute settlement, or ISDS, and asks what makes the system tick and what it means for the future of democracy and development
Bibliography Includes bibliographical references and index
Notes Online resource; title from PDF title page (EBSCO, viewed April 13, 2018)
Subject Investments, Foreign (International law)
International commercial arbitration.
Investments, Foreign -- Law and legislation.
LAW -- Administrative Law & Regulatory Practice.
International commercial arbitration
Investments, Foreign (International law)
Investments, Foreign -- Law and legislation
Form Electronic book
ISBN 9781783087921
1783087927
9781783087938
1783087935