Jump to ContentJump to Main Navigation
International Arbitration and Global GovernanceContending Theories and Evidence$
Users without a subscription are not able to see the full content.

Walter Mattli and Thomas Dietz

Print publication date: 2014

Print ISBN-13: 9780198716723

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780198716723.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 November 2019

International Commercial Arbitration, Transnational Governance, and the New Constitutionalism

International Commercial Arbitration, Transnational Governance, and the New Constitutionalism

Chapter:
(p.140) 6 International Commercial Arbitration, Transnational Governance, and the New Constitutionalism
Source:
International Arbitration and Global Governance
Author(s):

A. Claire Cutler

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198716723.003.0006

This chapter analyzes the institutional, jurisprudential, and normative foundations of the international commercial arbitration and investor-state regimes. Adopting a critical political economy approach, it argues that these regimes serve a constitutional function by articulating legal standards that reach deep into the domestic sphere of states and limit their legislative and policy autonomy concerning foreign investment and trade activities. These limitations are framed by commercial arbitration elites as serving the public good of enhancing the stability of international trade and investment. However, the chapter contends that the imputation of public purposes to these regimes obscures the significant private interests that they advance and explores the possibility of enhancing public participation in these important legal regimes.

Keywords:   international commercial arbitration, critical political economy, investor-state regimes

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .