Converging Divergences: A Common Law of International Trade and Investment

51 Pages Posted: 9 Jan 2015 Last revised: 25 Feb 2015

See all articles by Sungjoon Cho

Sungjoon Cho

Chicago Kent College of Law

Jürgen Kurtz

University of Melbourne - Law School

Date Written: December 18, 2014

Abstract

This Article observes that the recent jurisprudence between international trade and investment law is converging in a way which the free market value and public interests are duly reconciled. The Article contends that such jurisprudential convergence is structurally preordained yet historically manifested. It is structurally preordained in the sense that commerce is inherently embedded in its surrounding social environment. It is historically manifested in the sense that both regimes, despite their unique past, nonetheless featured a common ontogenetic path reflecting the embeddedness. The Article eventually crystalizes the convergence thesis into a common law, which is justifiable on both constitutional and practical grounds.

Keywords: international trade law, international investment law, convergence, common law

JEL Classification: K30, K33, K39

Suggested Citation

Cho, Sungjoon and Kurtz, Jürgen, Converging Divergences: A Common Law of International Trade and Investment (December 18, 2014). Chicago-Kent College of Law Research Paper No. 2015-02. Available at SSRN: https://ssrn.com/abstract=2546326 or http://dx.doi.org/10.2139/ssrn.2546326

Sungjoon Cho (Contact Author)

Chicago Kent College of Law ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

Jürgen Kurtz

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
613 8344 4770 (Phone)
613 8344 9971 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
175
Abstract Views
835
rank
169,182
PlumX Metrics