Abstract
Lawmaking by judicial institutions requires legitimation. As international courts gradually play an ever more significant part in the shaping of international law, they share with any other lawmaker the need for a convincing basis of legitimacy. In the case of international courts, however, this need has to be addressed by taking into account their special function: that is, to review decisions made by other lawmakers (mainly domestic). The question of the legitimacy of judicial institutions is thus crucially connected with the standard they apply in reviewing such decisions.
Publisher
Cambridge University Press (CUP)
Reference135 articles.
1. See Metalclad Corp v. United Mexican States, ICSID Case No. ARB(AF)/97/1 (NAFTA), Award of 30 August 2000, paras 92 & 99
2. Técnicas Medioambientales Tecmed S.A. v. United Mexican States, ICSID Case No. ARB(AF)/00/2, Award of 29 May 2003, para. 162.
3. For certain procedural elements of the concept of “fair and equitable treatment,” see Stephan Schill, Fair and Equitable Treatment, the Rule of Law, and Comparative Public Law, in: International Investment Law and Comparative Public Law, 151, 158 & 171 (Stephan Schill ed., 2010).
4. Stewart (note 32), 75.
5. As is the case with Arts 3.1 SPS Agreement and 3(a), (b), (c) Annex A to the SPS Agreement.
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