René Urueña
- Published in print:
- 2014
- Published Online:
- November 2014
- ISBN:
- 9780199450633
- eISBN:
- 9780199084562
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199450633.003.0011
- Subject:
- Law, Public International Law
This chapter engages with the issue of precedent-formation and lawmaking by investment arbitration tribunals. International adjudication follows the Civil Law tradition according to which a court’s ...
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This chapter engages with the issue of precedent-formation and lawmaking by investment arbitration tribunals. International adjudication follows the Civil Law tradition according to which a court’s decision is limited in scope and application to the particular case before it, not the common law principle of stare decisis that commands the judges to follow precedent. The chapter shows that a precedent is more than a subsidiary source of interpretation in international law. For it, Global Administrative Law fails on the narrative underlying investment arbitration as a technology of global governance. These reconstructive models do not engage much with the political forces involved in turning the spotlight on expertise. The chapter reconsiders critically the structures that led investment law to its political and doctrinal place in the general landscape of international law.Less
This chapter engages with the issue of precedent-formation and lawmaking by investment arbitration tribunals. International adjudication follows the Civil Law tradition according to which a court’s decision is limited in scope and application to the particular case before it, not the common law principle of stare decisis that commands the judges to follow precedent. The chapter shows that a precedent is more than a subsidiary source of interpretation in international law. For it, Global Administrative Law fails on the narrative underlying investment arbitration as a technology of global governance. These reconstructive models do not engage much with the political forces involved in turning the spotlight on expertise. The chapter reconsiders critically the structures that led investment law to its political and doctrinal place in the general landscape of international law.
Clara María López Rodríguez
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780198870753
- eISBN:
- 9780191913365
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198870753.003.0025
- Subject:
- Law, Public International Law, Comparative Law
This chapter critically analyses the role of indigenous peoples in international decision-making focusing on two areas of international law: human rights law as adjudicated by the Inter-American ...
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This chapter critically analyses the role of indigenous peoples in international decision-making focusing on two areas of international law: human rights law as adjudicated by the Inter-American Court of Human Rights (Inter-American Court) and investment law as applied by investment arbitration tribunals. The chapter shows that indigenous peoples’ participation in the international legal system can be better facilitated through the recognition of indigenous peoples’ jurisdiction. Focusing on Peru as a case study, this chapter provides a better understanding of the concept of indigenous peoples’ jurisdiction, analysing its nuances and difficulties, but also the importance of regulating such jurisdiction at the domestic level.Less
This chapter critically analyses the role of indigenous peoples in international decision-making focusing on two areas of international law: human rights law as adjudicated by the Inter-American Court of Human Rights (Inter-American Court) and investment law as applied by investment arbitration tribunals. The chapter shows that indigenous peoples’ participation in the international legal system can be better facilitated through the recognition of indigenous peoples’ jurisdiction. Focusing on Peru as a case study, this chapter provides a better understanding of the concept of indigenous peoples’ jurisdiction, analysing its nuances and difficulties, but also the importance of regulating such jurisdiction at the domestic level.
