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2 results

  • 3 - Intersections of Law and Politics

  • from Part I - International Investment Regulation
  • Ivana Damjanovic, Australian National University, Canberra
  • Book:
    The European Union and International Investment Law Reform
    Published online:
    13 July 2023
    Print publication:
    27 July 2023, pp 74-104

  • 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.

  • Against Fairness? International Environmental Law, Disciplinary Bias, and Pareto Justice

  • MARIO PROST, ALEJANDRA TORRES CAMPRUBÍ
  • Journal:
    Leiden Journal of International Law / Volume 25 / Issue 2 / June 2012
    Published online by Cambridge University Press:
    02 May 2012, pp. 379-396
    Print publication:
    June 2012

  • International environmental law (IEL) as a discipline has failed to respond to problems of fairness in a meaningful and systematic fashion. Whilst IEL has long acknowledged the existence of competing claims regarding the fair distribution of costs, resources, and responsibilities, fairness remains at the periphery of the disciplinary discourse. The present essay considers some possible explanations for this neglect. The first part of the essay examines a set of implicit assumptions and beliefs in which IEL is embedded, which somewhat prevent genuine and critical engagement with fairness issues. The second part of the essay considers normative and policy arguments recently developed in the law and economics literature that explicitly argue against the notion that fairness should play a role in the design and implementation of environmental regimes. The essay concludes by calling for a more robust engagement with fairness issues and by considering some of the implications this project may have for IEL.