The Influence of Legal Scholars on the Development of International Investment Law
Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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The Influence of Legal Scholars on the Development of International Investment Law. / Byrne, William Hamilton.
I: Journal of International Economic Law, 2024, s. 1-23.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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TY - JOUR
T1 - The Influence of Legal Scholars on the Development of International Investment Law
AU - Byrne, William Hamilton
PY - 2024
Y1 - 2024
N2 - International investment arbitration is inhabited by actors who theorize the law as scholars and decide on it when arbitrating, which raises critical questions concerning their normative role within the legal system. This article explores empirically the influence of legal scholars on the development of inter-national investment law through a combined legal-empirical and sociological approach designed to capture the multidirectional nature of influence. It relies on a novel database of all citations to legal scholarship in International Centre for the Settlement of Disputes (ICSID) case law, which is analysed quantitatively and qualitatively and contextualized alongside interviews with 16 leading arbitrators and lawyers. The article firstly introduces the arbitrator/academic as an agent of international law, and then details the methodology. It then turns to provide an overview of citations to legal scholarship in ICSID case law, before considering why legal actors find it useful. The following parts show how legal scholarship influenced the development of the definition of an ‘investment’ in ICSID arbitration through an analysis of legal decisions and scholarship authored by arbitrators. The final part goes into conversation with the actors to further unravel how they manage competing and complementary obligations towards theory and practice, and the article concludes by reflecting on the ethical implications of their law-making function.
AB - International investment arbitration is inhabited by actors who theorize the law as scholars and decide on it when arbitrating, which raises critical questions concerning their normative role within the legal system. This article explores empirically the influence of legal scholars on the development of inter-national investment law through a combined legal-empirical and sociological approach designed to capture the multidirectional nature of influence. It relies on a novel database of all citations to legal scholarship in International Centre for the Settlement of Disputes (ICSID) case law, which is analysed quantitatively and qualitatively and contextualized alongside interviews with 16 leading arbitrators and lawyers. The article firstly introduces the arbitrator/academic as an agent of international law, and then details the methodology. It then turns to provide an overview of citations to legal scholarship in ICSID case law, before considering why legal actors find it useful. The following parts show how legal scholarship influenced the development of the definition of an ‘investment’ in ICSID arbitration through an analysis of legal decisions and scholarship authored by arbitrators. The final part goes into conversation with the actors to further unravel how they manage competing and complementary obligations towards theory and practice, and the article concludes by reflecting on the ethical implications of their law-making function.
M3 - Journal article
SP - 1
EP - 23
JO - Journal of International Economic Law
JF - Journal of International Economic Law
SN - 1369-3034
M1 - 001
ER -
ID: 392718637