Deliberative Democracy And Enhancement Of Legitimacy Of International Investment Law Cover Image

Делиберативна демократија и унапређење легитимитета међународног инвестиционог права
Deliberative Democracy And Enhancement Of Legitimacy Of International Investment Law

Author(s): Velimir Živković
Subject(s): International Law, Government/Political systems, Financial Markets
Published by: Institut za uporedno pravo
Keywords: deliberative democracy; discourse; international investment law;

Summary/Abstract: International investment law is an object of increasingly intensive analyises and debates in academic literature. Provisions on the protection of foreign investors which interfere in different ways into state sovereignty have become especially controversial due to costly arbitral awards against some states, causing resistance and questions regarding further survival of the system. In that regard, special attention should be given to the question of legitimacy of the existing regime (as opposed to its relatively uncontroversial legality) and ways through which it could be enhanced. This article deals with the question of legitimacy improvement through the application of certain principles of deliberative democracy in the context of a soft law codification of international investment law, which is one of the currently voiced proposals for reform.

  • Issue Year: 2014
  • Issue No: 3
  • Page Range: 157-184
  • Page Count: 28
  • Language: Serbian