Introduction: Judging the state in international trade and investment law – why, how and what for?

Why, how and what for are States sued for breaches of their International trade and investment law obligations? At a time when multilateralism is deeply questioned by the forces of mega-regionalism as well as political and economic contestation, these essential interrogations have never been more pressing. Whether by a permanent court or an ad hoc body, the questioning of judging the State for breaches of its treaty obligations however remains at the core of today’s interrogations on the adequacy and legitimacy of trade and Investor States Dispute Settlement System. While rich and diverse in the way it addresses some fundamental issues in international trade and investment dispute settlement, our book does not claim to be exhaustive. Its analysis is voluntarily limited to trade and investment disputes settled at the international level by the World Trade Organisation (WTO) dispute settlement mechanism and international investor States disputes systems. But in this relatively restricted context, Judging the State in International Trade and Investment Law takes into account the latest evolutions of a globalized trade and investment regulation struggling to put people’s expectations at its core, and provides a comprehensive framework and truly original perspective linking the various facets of “judicial activity” to the specific yet encompassing character of international law and the rule of law in international society.