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3 - Intersections of Law and Politics

Legitimacy and the Rule of Law

from Part I - International Investment Regulation

Published online by Cambridge University Press:  13 July 2023

Ivana Damjanovic
Ivana Damjanovic
Affiliation:
Australian National University, Canberra
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Summary

This final chapter of Part I provides a conceptual framework for identified issues within the international investment regulation. The analysis in the preceding chapter has referred to a number of tensions existing within the field to paint the picture of reform challenges. In this chapter, these aspects are placed into the conceptual framework of legitimacy and the rule of law, with an aim of conceptualising systemic problems of ISDS relevant to its reform.

Keywords

legitimacy of international investment regulationthe rule of law in international investment regulationdisciplinary biasnormativityneutralityformal characteristicsoutput-based legitimacythroughput-based legitimacyinput-based legitimacy
Type
Chapter
Information
The European Union and International Investment Law Reform
Between Aspirations and Reality
 , pp. 74 - 104
Publisher: Cambridge University Press
Print publication year: 2023

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  • Intersections of Law and Politics
  • Ivana Damjanovic, Australian National University, Canberra
  • Book: The European Union and International Investment Law Reform
  • Online publication: 13 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009345422.009
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  • Intersections of Law and Politics
  • Ivana Damjanovic, Australian National University, Canberra
  • Book: The European Union and International Investment Law Reform
  • Online publication: 13 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009345422.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Intersections of Law and Politics
  • Ivana Damjanovic, Australian National University, Canberra
  • Book: The European Union and International Investment Law Reform
  • Online publication: 13 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009345422.009
Available formats
×