What is it about?
This chapter compares how judges in WTO and investment disputes use international law in their decisions. It looks at how these dispute systems include other international laws and examines if the design of these systems affects their openness to using these laws. The findings show that while WTO rules are thought to be strict, they are actually similar to investment dispute rules in accepting other international laws. However, the way judges reason and explain their decisions varies.
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Why is it important?
The chapter highlights the importance of international law for both systems and shows that both sets of judges deal with issues like human rights, environmental protection, and customary international law, but with different reasoning approaches.
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This page is a summary of: Empirical Perspective, May 2024, De Gruyter,
DOI: 10.1163/9789004700932_004.
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