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Judicial dialogue between domestic and international tribunals in international investment law : myth or reality?
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1831-4066
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EUI; LAW; AEL; Working Paper; 2024/26; European Society of International Law (ESIL) Paper
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LIN, Yating, Judicial dialogue between domestic and international tribunals in international investment law : myth or reality?, EUI, LAW, AEL, Working Paper, 2024/26, European Society of International Law (ESIL) Paper - https://hdl.handle.net/1814/77306
Abstract
Judicial dialogue between domestic and international Tribunals in international investment law is seemingly a paradox and remains largely understudied. This article uses "New Heave School's Judicial Dialogue Narrative" to explore this interaction. Following the New Haven School's conceptual framework and zooming in on relevant cases and legislations, judicial dialogue in international investment law may be a reality. However, challenges still exist in implementing judicial dialogue between investor-State arbitral tribunals and domestic courts, blurring the line between myth and reality. In conclusion, this paper echoes the New Haven School's commitment to normativity and emphasizes the normative value of a dialogic process between international treaty discipline and domestic legal order. The New Haven School's enduring and timeless spirit promotes the legitimacy of investment treaty discipline, domestic rule of law, and global good governance.