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17 Who, Then, Shall Judge? The Interpretation of International Investment Agreements and the Rule of International Law

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Chapter Summary

This chapter presents an analysis of how the three core principles of public international law (PIL), viz. sovereign equality, good faith and the rule of law, interact with each other within the context of IIL and contemporary IIA dispute settlement. Next, after deconstructing the dogmatism that seemingly underlies calls for States to 're-assert themselves' into the interpretative process, it offers some criticisms of their recommendations. After revisiting the issue of how the reformers seem to apprehend the constructs of State and sovereignty, the chapter addresses a fallacious theory under girding many calls for change. The chapter concludes with a proposal that, perhaps, the increasingly shrill claims that ILL allegedly suffers from an acute and systemic crisis of legitimacy may say more about the ideological orientation and collective worldview of those making such claims than it does about their target.

Keywords: fallacious theory; good faith; ideological orientation; legitimacy; public international law (PIL); sovereign equality



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