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Judicial Engagement of International Economic Courts and Tribunals

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Judicial Engagement of International Economic Courts and Tribunals

9781788979788 Edward Elgar Publishing
Michelle Q. Zang, Senior Lecturer in International Trade Law, Faculty of Law, Victoria University of Wellington, New Zealand
Publication Date: October 2020 ISBN: 978 1 78897 978 8 Extent: c 168 pp
In this thought-provoking book, Michelle Q. Zang critically examines the practices and outcomes of international economic adjudication through an exploration of a selected group of specialized judicial actors. She draws on an in-depth review of decisions delivered by bilateral, regional and multilateral judiciaries in order to respond to questions surrounding the proliferation and fragmentation of international adjudication, including the concerns and challenges this raises.

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Critical Acclaim
Contents
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In this thought-provoking book, Michelle Q. Zang critically examines the practices and outcomes of international economic adjudication through an exploration of a selected group of specialized judicial actors. She draws on an in-depth review of decisions delivered by bilateral, regional and multilateral judiciaries in order to respond to questions surrounding the proliferation and fragmentation of international adjudication, including the concerns and challenges this raises.

By disentangling and analysing the relationships between the various economic regimes involved, Zang reveals their substantial influence on the manner of engagement between specific adjudicators embedded in these regimes. The book also provides critical discussion about the development of international economic judiciaries, and explores the role of judicial bodies as regime coordinators within specialized and regional regimes under international law. It demonstrates that despite criticisms of plurality as the dominant phenomenon in international economic adjudication, it is not the sole root of the issues examined.

Scholars and students of international law, in particular those interested in international adjudication and international economic law, will find this book to be crucial reading. It will also prove useful for practitioners specializing in international economic dispute settlement.
Critical Acclaim
‘The concern about increasing fragmentation of international law as a consequence of the proliferation of international courts and tribunals has gradually shifted to a more positive expectation about cross-fertilization between different legal areas. What we now need is empirical studies about how the interaction works. Michelle Zang’s comprehensive study in the fields of trade and investment through the key concept of “engagement” between the relevant courts and tribunals contributes to fill this gap and is highly welcome!’
– Geir Ulfstein, University of Oslo, Norway

‘Zang’s book makes an incisive foray into international economic law where numerous bilateral, regional and multilateral judiciaries are active and highlights the various paths that allow for judicial coordination. Even if one cannot deny the existence of incoherence or conflict, the book makes the point that the engagement process of courts and tribunals is healthy and leads more often towards coordination. A welcome positive assessment at a time when the international judicial function is under severe attack.’
– Laurence Boisson de Chazournes, University of Geneva, Switzerland

‘A very important addition to the literature on the fragmentation of the international economic legal order and to that of judicial dialog across jurisdictions.’
– J.H.H. Weiler, New York University, US
Contents
Contents: 1. Introduction 2. Engagement between the World Trade Organization Dispute Settlement and the Court of Justice of the European Union 3. Engagement between the World Trade Organization Dispute Settlement and Regional Trade Adjudicators 4. Engagement between International Trade and Investment Adjudicators 5. Conclusion Bibliography Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78897 979 5
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