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11 - Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems

Published online by Cambridge University Press:  22 July 2019

Martin Scheinin
Affiliation:
European University Institute, Florence
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Summary

In this chapter, Section 1 discusses the increasing constitutionalization of human right law (HRL) and international economic law (IEL) at national and regional levels of governance and its implications for the settlement of disputes. Section 2 discusses constitutional justice principles as legal basis for impartial third-party adjudication requiring judicial administration of justice and treaty interpretations in conformity with the principles of justice and human rights. Section 3 elaborates in more detail problems of systemic integration and constitutionalist interpretation in IEL (e.g., resulting from fragmentation and forum shopping) and enhance the legitimacy of law and adjudication. Section 4 gives an overview of procedural human rights dimensions in IEL adjudication, like the human right of access to justice and the emerging common law of transnational adjudication. Section 5 discusses procedural and substantive human rights problems in WTO and investment adjudication. Section 6 criticizes trade and investment adjudication for neglecting human rights law and constitutional, distributive, corrective and commutative justice principles.

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Publisher: Cambridge University Press
Print publication year: 2019

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