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Justice and Authority in Investment Protection

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  • Suttle Oisin

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.

Suggested Citation

  • Suttle Oisin, 2022. "Justice and Authority in Investment Protection," The Law and Development Review, De Gruyter, vol. 15(2), pages 257-282, June.
    • Handle: RePEc:bpj:lawdev:v:15:y:2022:i:2:p:257-282:n:4
    DOI: 10.1515/ldr-2021-0097
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