Suttle, Oisin (2022) Justice and Authority in Investment Protection. Law and Development Review, 15 (2). pp. 257-282. ISSN 2194-6523

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Abstract

What role should concerns about distributive justice play in international investment law? This paper argues that answers to fundamental and contestable questions of social and global distributive justice are a necessary, if implicit, premise of international investment law. In particular, they shape our views on the purpose of investment law, and in turn determine the scope of authority that investment law can claim, and that states should accord it. The implausibility of achieving international consensus on these questions constitutes a substantial objection to the harmonization of investment law or the consistent operation of a multilateral investment court.

Item Type:	Article
Keywords:	authority; distributive justice; global justice; investment law; service conception; Raz;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	18538
Identification Number:	https://doi.org/10.1515/ldr-2021-0097
Depositing User:	Oisin Suttle
Date Deposited:	17 May 2024 09:11
Journal or Publication Title:	Law and Development Review
Publisher:	Proquest
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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