The Rule of Law Without the Rule of Lawyers? Why Investment Arbitrators are from Mars, Trade Panelists are from Venus
PluriCourts lunch with professor Joost Pauwelyn (Graduate Institute of International and Development Studies, Geneva). He compares the trade dispute settlement mechanism under the WTO to investor-state dispute settlement (ISDS), and focuses specifically on the individuals deciding trade versus Investment disputes. Read his paper (SSRN).
Based on new data, Pauwelyn identifies striking differences between WTO panelists and ICSID arbitrators in terms of nationality, professional background, legal expertise, diversity, status and ideology. His article then offers a number of factors that explain these differences centered on appointment rules and conditions and the broader institutional context of the WTO versus ICSID.
The PluriCourts lunch series gathers researchers from various backgrounds, including law, political science and philosophy to discuss on-going research on international courts and tribunals. The lunches occur on Wednesdays.