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This book explores the role played by international courts and tribunals in the development of global regulatory standards. Focusing on regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm, the book considers how such standards represent a new relationship between domestic and international law.
List of contents
- Part I: Introduction
- 1: Introduction
- 2: Introducing Regulatory Standards
- Part II: The International Court of Justice, Law of the Sea Dispute Settlement, and the Permanent Court of Arbitration
- 3: Regulatory Coherence
- 4: Due Regard and Due Diligence
- Part III: World Trade Organization Dispute Settlement
- 5: Necessity
- 6: Rational Relationships
- Part IV: Investment Treaty Arbitrations
- 7: Regulatory Coherence Requirements in Investment Treaty Arbitration
- 8: Proportionality in Investment Treaty Arbitration
- Part V: Critical Questions
- 9: Regulatory Standards, Legitimate Authority, and the Adjudicatory Role
- 10.: Systemic Challenges and Opportunities
- 11: Conclusion
About the author
Caroline E. Foster is based at the Faculty of Law at the University of Auckland, New Zealand, participating frequently in international collaborations and publishing regularly in international journals. She serves with the NZ Centre for Environmental Law and on the Editorial Advisory Boards of the NZ Yearbook of International Law and the NZ Journal of Environmental Law.
Summary
This book explores the role played by international courts and tribunals in the development of global regulatory standards. Focusing on regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm, the book considers how such standards represent a new relationship between domestic and international law.
Additional text
Foster's book is truly thought-provoking and her advice for international judges and arbitrators that they 'must remain principled in his or her conception of the judicial function and role and is expected to be able to demonstrate an understanding of the theoretical foundations of the legal order within which they are acting' is extremely relevant in the 'standards-enriched' international law. The book undoubtedly helps build such an understanding.
