Resumen de The rule of law without the rule of lawyers? Why investment arbitrators are from mars, trade adjudicators from venus
Notwithstanding regime convergence, trade and investment disputes continue to be decided by two strikingly different groups of individuals. The differences between these groups, and the design features that have led to this differentiation, are here examined empirically. The deciders are indeed “faceless diplomats” in the W TO and “elite lawyers” in ICSID. The differences in adjudicators, in turn, have influenced not only the functioning of the trade and investment regimes, but also perceptions of them. Without the rule of private sector lawyers, the W TO has managed to achieve some rule of law; by contrast, investor-state dispute settlement is under fire for rule-of-law deficiencies because of repeated resort to the same highly specialized lawyers.
